05-11-98 vCITY OF ATLANTIC BEACH
COMMISSION MEETING - May 11, 1998
AGENDA
Call to order
Invocation and pledge to the flag
1.Approval of the minutes of the Regular Commission Meeting of April 27, 1998
2.Recognition of Visitors:
A. Proclamation declaring the week of May 17 - 23, 1998 as Public Works Week
Mayor)
3.Unfinished Business:
A. Public Hearing and related action on an application filed by C.B. Universal, Inc., to
operate a cruise ship from Johnston Island, which proposed development is
undergoing a Development of Regional Impact review (City Commission)
B. Appointment to Tree Board (1) (Mayor)
C. Discussion and related action relative to proposed Bull Park improvements (City
Commission)
4. Consent Agenda:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING
DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY
SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of monthly report of new occupational licenses issued during
the month of April, and monthly reports from Code Enforcement, Building, Fire and
Recreation Departments(City Manager)
B. Reject all bids received under Bid #9798-17 for Tresca Park improvements and
authorize rebidding the project (City Manager)
C. Reject all bids received under Bid#9798-20 for the construction of a new Lifeguard
Station and authorize rebidding the project (City Manager)
D. Authorize the City Manager to execute a Disaster Relief Funding Agreement between
the City of Atlantic Beach and Florida Department of Community Affairs (City
Manager)
E. Authorize the purchase of a Kubota tractor Model GSTCA pursuant to the
specifications of Bid No. 9798-8 re-bid, from Robinson Equipment at a cost of
26,390.00 (City Manager)
Page Two AGENDA May 11, 1998.
F. Authorize the City Manager to execute a Maintenance Contract Renewal Agreement
between the City of Atlantic Beach and Florida Department of Transportation(City
Manager)
5.Action on Resolutions:
A. Resolution No. 98-20
A RESOLUTION AMENDING THE OPERATING BUDGET OF THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER
1, 1997 AND ENDING SEPTEMBER 30, 1998 (City Manager)
6.Action on Ordinances:
A. Ordinance No. 90-98-165 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY TO INCLUDE THE AREA
INCORPORATED INTO THE CITY OF ATLANTIC BEACH BY ANNEXATION;
TO ESTABLISH ZONING CATEGORIES AND ZONING DISTRICT
BOUNDARY LINES FOR THAT AREA; TO PROVIDE FOR SEVERABILITY;
AND TO SET AN EFFECTIVE DATE (City Commission)
7.New Business:
A. Authorize the purchase of an Automated External Defibrillator at State Contract price
of$2,728.80, to be used by the Lifeguards (City Manager)
B. Action on staff recommendation relative to selection of a firm to write a Process
Safety Management (PSM) and Risk Management Plan (RMP) for the City (City
Manager)
8. City Manager Reports and/or Correspondence:
9.Reports and/or requests from City Commissioners, City Attorney and City Clerk
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting,such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record
of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk
prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission
Chambers.
In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,May 8,
1998.
V V
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T T
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC E E
BEACH CITY COMMISSION HELD IN CITY HALL,800 S S
SEMINOLE ROAD,AT 7:15 PM ON MONDAY, MAY 11, 1998
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
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AND: James Jarboe, City Manager 0 E
Alan C. Jensen, City Attorney
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Maureen King, City Clerk ONE N
COMMISSIONERS N D S 0
The meeting was called to order by Mayor Shaughnessy. A moment of silent
prayer was observed for Mayor Bill Latham, Mayor of Jacksonville Beach,
who suffered a heart attack on Sunday, followed by the Pledge of Allegiance
to the Flag.
1. Approval of the minutes of the Regular Meeting held
April 27, 1998.
BEAVER X
Motion: Approve minutes of the Regular Meeting held
BORNO X X
April 27, 1998 as presented.
MITCHELESERVE X
MITCHELSON X X
SHAUGHNESSY X
The Mayor asked for any corrections or amendments to the minutes. There
were none and the motion carried unanimously.
2. Recognition of Visitors:
A. Proclamation declaring the week of May 17-23, 1998 as Public
Works Week(Mayor)
Mayor Shaughnessy read in full the Proclamation declaring May 17 - 23, as
Public Works Week in Atlantic Beach. Mayor Shaughnessy presented the
Proclamation to Public Works Director Kosoy, Assistant Public Works
Director Jacques and Jack Baldwin a Public Works employee. Mr. Kosoy
thanked the Mayor and praised the work of his dedicated employees for the
good job they do to improve the quality of life for the citizens of Atlantic
Beach.
Christy Brooks of 1222 Jasmine Street stated he was present to discuss the
Mayport Road/Atlantic Boulevard flyover and learned that it was not on the
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May 11, 1998
agenda. Mayor Shaughnessy apologized for the oversight and stated the
matter would be discussed on Wednesday, May 13, 1998 during the joint
meeting with the City of Neptune Beach and encouraged Mr. Brooks and his
neighbors to attend that meeting.
Mayor George Vaughn and Councilor Ed Jones from the City of Neptune
Beach were introduced by Mayor Shaughnessy.
3. Unfinished Business:
Mayor Shaughnessy explained that she would take Item 6A out of sequence
and immediately after that Item 3A would be considered.
6A. Ordinance No. 90-98-165 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO
INCLUDE THE AREA INCORPORATED INTO THE CITY OF
ATLANTIC BEACH BY ANNEXATION; TO ESTABLISH
ZONING CATEGORIES AND ZONING DISTRICT BOUNDARY
LINES FOR THAT AREA; TO PROVIDE FOR
SEVERABILITY; AND TO SET AN EFFECTIVE DATE
A Court Reporter was present for these proceedings and a copy of the
transcription is attached hereto and made a part of this official record.
Documents submitted during these proceedings are on file in the office of the
City Clerk.
3A. Public Hearing and Related Action on an Application filed by C.B.
Universal, Inc. to Operate a Cruise Ship from Johnston Island,
which Proposed Development is Undergoing a Development of
Regional Impact Review (City Commission)
A Court Reporter was present for these proceedings and a copy of the
transcription is attached hereto and made a part of this official record.
Documents submitted during these proceedings are on file in the office of the
City Clerk.
B. Appointment to the Tree Board (1) (Mayor)
Mayor Shaughnessy nominated Dennis Sparks to fill the unexpired term of
Susan Bullock on the Tree Board.
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May 11, 1998
The appointment was unanimously approved by the Commission.
C. Discussion and Related Action Relative to Proposed Bull Park
Improvements (City Commission)
Kelly Elmore, Senior Landscape Architect with Genesis Group, was present to
answer any questions of the Commission. Prior to the meeting, each
Commissioner had received a copy of the final construction plans for the Bull
Park improvements.
BEAVER X X
BORNO X
Motion: Defer discussion and related action on proposed Bull Park ME SERVE X X
Improvements to the June 8, 1998 Commission Meeting. MITCHELSON X
SHAUGHNESSY X
A brief discussion ensued and Commissioner Borno requested a phasing
schedule for the park improvements be given each Commissioner prior to the
June 8, 1998 meeting. Mr. Elmore stated he would provide the requested
phasing schedule.
There being no further discussion, the motion carried unanimously.
4. Consent Agenda:
A. Acknowledge Receipt of Monthly Report of New
Occupational Licenses Issued During the Month of April, and
Monthly Reports From Code Enforcement, Building, Fire and
Recreation Departments (City Manager)
B. Reject All Bids Received Under Bid #9798-17 for Tresca Park
Improvements and Authorize Rebidding the Project (City
Manager)
C. Reject All Bids Received Under Bid #9798-20 for the
Construction of a New Lifeguard Station and Authorize
Rebidding the Project (City Manager)
D. Authorize the City Manager to Execute a Disaster Relief
Funding Agreement Between the City of Atlantic Beach and
Florida Department of Community Affairs (City Manager)
E. Authorize the Purchase of a Kubota Tractor Model GSTCA
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May 11, 1998
Pursuant to the Specifications of Bid No. 9798-8 Re-bid, From
Robinson Equipment at a Cost of$26,390.00 (City Manager)
F. Authorize the City Manager to Execute a Maintenance
Contract Renewal Agreement Between the City of Atlantic
Beach and Florida Department of Transportation (City
Manager)
Mayor Shaughnessy inquired if anyone wished to remove any item from
the Consent Agenda for discussion.
Commissioner Borno requested that Item 4E be pulled for discussion and
Commissioner Beaver requested that Item 4D be pulled. BEAVER X
BORNO X X
Motion: Approve Items 4 A-C and F as presented.
MESERVE X X
MITCHELSON X
SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
Item 4D
City Manager Jarboe explained that Duval County had been declared a
disaster area as a result of storms occurring in late 1997 and beginning
of 1998. It was further explained the city would be able to obtain funds
to cover overtime and related expenses for work performed during the
storms through a joint venture between FEMA and the State of Florida
Department of Community Affairs.
BEAVER X X
Motion: Approve Consent Agenda Item 4D authorizing the
BORNO X
MESERVE X X
City Manager to execute a Disaster Relief Funding Agreement MITCHELSON X
with the Florida Department of Community Affairs. SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
Item 4E
Commissioner Borno inquired as to the weight of the tractor and was told
it did not exceed the 4,000 pound limit when fully loaded.
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Minutes Page 5
May 11, 1998
Motion: Approve Consent Agenda Item 4E authorizing the BEAVER X
purchase of a Kubota Tractor Model GSTCA pursuant to the
BORNO X
MESERVE X x
specifications of Bid No. 9798-8 (re-bid) from Robinson MITCHELSON X X
Equipment at a cost of$26,390.00. SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
5. Action on Resolutions:
A. Resolution No. 98-20
A RESOLUTION AMENDING THE OPERATING BUDGET
FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING
SEPTEMBER 30, 1998.
The Resolution was read by title only by Mayor Shaughnessy.
BEAVER X
Motion: Adopt Resolution No. 98-20.
BORNO X X
MESERVE X X
MITCHELSON X
City Manager Jarboe briefly reviewed specific account adjustments in the SHAUGHNESSY X
budget modification.
Commissioner Mitchelson noted that the expenditures totaled more than
200,000.00 over budget and inquired as to how this compared with previous
budgets.
City Manager Jarboe explained an overage caused by Fire Department
overtime resulting from OSHA regulations and referenced the memo dated
May 5, 1998 from Public Safety Director Thompson and Fire Chief Ruley.
The memo is attached and made part of this official record as Attachment A).
There being no further discussion, the motion carried unanimously.
6. Action on Ordinances:
A. Ordinance No. 90-98-165 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO
INCLUDE THE AREA INCORPORATED INTO THE CITY OF
ATLANTIC BEACH BY ANNEXATION; TO ESTABLISH
ZONING CATEGORIES AND ZONING DISTRICT BOUNDARY
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Minutes Page 6
May 11, 1998
LINES FOR THAT AREA; TO PROVIDE FOR
SEVERABILITY; AND TO SET AN EFFECTIVE DATE
This item was taken out of sequence and acted on after Item 2A and prior to
Item 3A).
7. New Business:
A. Authorize the purchase of an Automated External Defibrillator at
State Contract price of$2,728.80 to be used by the Lifeguards (City
Manager)
BEAVER X
Motion: Authorize purchase of an automated external defibrillator
BORNO X
MESERVE X X
at a State Contract price of$2,728.80 for use by the Lifeguards. MITCHEL SON X X
SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
B. Action on Staff Recommendation Relative to Selection of a Firm to
Write a Process Safety Management (PSM) and Risk Management
Plan (RMP) for the City (City Manager)
Motion: Defer action on the Staff recommendation relative to BEAVER X X
selection of a firm to write a Process Safety Management and Risk BORNO X
Management Plan for the City of Atlantic Beach concerning OSHA
MESERVE X
MITCHELSON X X
requirements to protect the public and employees from release of SHAUGHNESSY X
toxic or flammable substances .
There was no discussion and the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
None.
9. Reports and/or requests from City Commissioners, City Attorney
and City Clerk
Commissioner Mitchelson
Reported that the Beaches Homeless Coalition did not want a shelter
constructed at the beach. The ten churches of the Beaches Ministerial
Association have endorsed a plan where each church would provide
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Minute3 Page 7
May 11, 1998
shelter when needed, three nights per month on a rotating basis
October through March of each year.
Mayor Shaughnessy
Reported that her Washington D.C. book/trip diary would be left in the
City Clerk's office for review by the other Commissioners.
Requested that Public Safety Director Thompson reschedule the
firearms training for Commissioners at the police training academy in
the near future.
Adjournment
There being no further comments or business to come before the Commission,
the meeting adjourned at 11:30 p.m.
Suzanne Shaug ssy
Mayor/Presiding Officer
ATTEST:
Ma reen King, C C
City Clerk
3
TABLE OF CONTENTS
PAGE
CITY OF ATLANTIC BEACH 3. Unfinished Business 62
COMMISSION MEETING A. Public Hearing and related action on an application
filed by C. B. Universal, Inc., to operate a cruise ship
from Johnston Island, which proposed development is
undergoing a Development of Regional Impact review
Speakers
Katherine Brown 66
Valerie Britt 68
Mimi Ames 73
TRANSCRIPT OF PROCEEDINGS
Joseph Posch 76
J. P. Marchioli 77
Andrea Pennell 78
Albert Rabassa 81
Carolyn Woods 83
City Hall Don Phillips 84
800 Seminole Road
MaryGallati 85AtlanticBeach, Florida
Monday, May 11, 1998 Paul Harden 86
Mayor Vaughn 87
Tom Tankersley 91
leo maw ustrive
George Worley 92
CERTIFIED Paul Harden 95
COPY
Discussion by the Commission 101
STATEWIDE REPORTING SERVICE
S01 RIACRSTONE ROILOiNG
SACRSONVIIIF.FLORIDA 3220E
904j 301.7106 54991S
01PFRIS IN MEDICAL.IECNNICAL R EXPEDITED TRANSCRIPTS
2
4
TABLE OF CONTENTS
MOTIONS
PAGE
MOTION PAGE ACTION
Action on Ordinances
Ordinance 90-98-165 as read 8 Failed
Ordinance No. 90-98-165
To put entire area into
clic Hearing and Final Reading 7 designation of Open Rural 55 Passed
Ordinance of the City of Atlantic Beach, amending the To deny D.R.I. 121 Passed
ficial zoning map of the City to include the area
corporated into the City of Atlantic Beach by To authorize sending letter 135 Passed
aexation; to establish zoning categories and zoning
strict boundary lines for that area; to provide for
verability; and to set an effective date
rakers:
PRESENT
Valerie Britt 10
Tom Dumas 11
Suzanne Shaughnessy, Mayor
Paul Harden 12
John S. Meserve, Commissioner
J. P. Marchioli 16
Theo K. Mitchelson, Commissioner
Chris Williams 17
Mike Borno, Commissioner
Joe Posch 23
Richard M. Beaver, Commissioner
Stephen Kuti 24
Alan C. Jensen, City Attorney
Chris Anderson 25
Jim Jarboe, City Manager
Lyman Fletcher 26
Maureen King, City Clerk
Nancy White 30
Johnson 31
Chris Williams 31
Carolyn Woods 34
Bob Frohwein 35
scussion by the Commission 41
5
7
P @ 4 S fi H p i N Sz 8 1 would say that the fallout comes out later, and that can
May 11, 1998 7:17 p.m.
2 be managed and handled.
3 But it would be my suggestion at this time, and
MAYOR SUZANNE SHAUGHNESSY: I now call the
4 Z willo ahead andg put a motion on the floor. May I
mee,.ing of the City of Atlantic Beach to order.
5 have a motion, lease, to either approvepprove or deny
Recognition of Visitors, Invocation and
6 Commercial General zoning suggested for Ordinance Number
Proclamation declaring May 17-23 Public Works Week) 7 90-98-165?
MAYOR SHAUGHNESSY: The next item on the agenda 8 This will include a Public Hearing and a Final
is going to be -- how many people are here with regard to
9 Reading. I am going to read it by title only at this
the rezoning and the application from C. B. Universal?
10 time, and then I will ask for the motion.
Could I have a show of hands, please? (Show of hands) 11 Does anyone have anyy questions about what I am
Get them up high. Okay. 12 doing or would like to talk to Mr. Jensen as well?
With regard to that, I am going to go ahead and 13 Mr. Beaver. Commissioner Beaver.
move Item 6A. Directly after Item 6A, I am going to take 14 COMMISSIONER RICHARD M. BEAVER: I thought you
Item 3A. And I will explain the reason for that to the
15 said we were going to move -- so we're going to take 6A
Commission and the commissioners. 16 first.
As you all know, we received in our packets this 17 MAYOR SHAUGHNESSY: 6A and then 3A.
Thursday a letter from the Regional Planning Council
18 COMMISSIONER BEAVER: I thought you were going
reversing their decision that we have been following a
19 to move 3A behind 6A. So we're taking that up now?
correct procedure in rezoning a parcel of land within our
20 MAYOR SHAUGHNESSY: We are doing the zoning
boundaries that had been annexed and then to file for a 21 matter first, because I feel that is appropriate. And
Comprehensive Plan. 22 then we will be talking potentially about a use, when we
In discussing this with the City Attorney, it is
23 talk about the D.R.Z., and I feel it is inappropriate to
my position, and I believe it is his as well, that we
24 do that without the zoning in place. Okay.
ought to go ahead and proceed with the zoning, and this 25 Ordinance Number 90-98-165, Public Hearing and
6 8
is with the zoning issue, and that we ought to do this 1 Final Reading: An ordinance of the City of Atlantic
prior to the Development of Regional Impact. 2 Beach amending the official zoning map of the City to
The reasons for this are twofold. The State 3 include the area incorporated into the City of Atlantic
gave us direction that they wished us to follow a certain 4 Beach by annexation, to establish zoning categories and
procedure. Based upon their opinion, we went ahead and
5 zoning district boundary lines for that area, to provide !
we initiated a zoning hearing, which has already been 6 for the severability, and to set an effective date.
held. 7 I have one more caveat before I call for the
So now we have a publicly binding procedure 8 motion. Normally, when we deal with zoning, we are
which has not been completed. And I feel compelled to 9 dealing with a rezoning. For instance, we are dealing
complete it. 10 with a property that has a zoning attached.
In deference to the public, I think that, once 11 And there is a recommendation, normally, from
you begin it, you don't just stop it and say, "It's gone 12 the Community Development Board, who has, you know,
and it's over." It's been advertised and it's been 13 brought it up to their Board to change it to another
noticed.14 specific zoning.
The second reason is that I feel as though we 15 It is a different matter tonight. We may
have had so many different directions from people other 16 consider any and all zoning categories. We do not only
than ourselves lately that I think we need to stop, step 17 have to vote the Commercial General. Our choices are not
back and take a look and say, "Who is going to make the 18 limited simply to one zoning category.
decisions for our land use in our city?" 19 This is property that, as far as we are
Is it going to be dictated to us from outside, 20 concerned, is unzoned at the moment, and our discussion
m on high, from what have you; or are we, as the 21 will center around determining what we think is the best
people, under home rule, who best know our community and 22 zoning for it.
1 know its needs, are we going to say, "Yes, we will take 23 May I have a motion, please, from one of the
1 responsibility for that"? 24 commissioners?
If there is disagreement about that, then I 25 COMMISSIONER MIKE BORNO: I make a motion of the
9 11
1 Ordinance 90-98-165 as so read. 1 community is to support the Open Rural designation. And
2 MAYOR SHAUGHNESSY: Do I have a second? 2 I also made a comment concerning the need, perhaps, for
3 COMMISSIONER JOHN S. MESERVE: I'll second it,3 some conservation zoning in some of those areas, because
4 to get it on the floor. 4 I heard people saying, and I heard some of you saying, at
5 MAYOR SHAUGHNESSY: Okay. The motion was made 5 some of those sessions, that you really do want to
6 by Commissioner Borno and seconded by Commissioner 6 preserve and conserve.
7 Meserve. The mover has the floor. Mr. Borno. Excuse 7 The other thing, the comment I wanted to make,
8 me. I
8 and I will be doing it also as a part of the other
9 It's a good thing Alan sits next to me. He is 9 hearing, is just that, in reviewing the uses around the
10 directing me that we need to have the Public Hearing 10 Intracoastal Waterway, there are a number of areas that
11 first. 11 are conservation areas. And some of the bordering
12 This will be a Public Hearing on zoning of the 12 communities do have a conservation zoning.
13 island only. This does not -- excuse me; I'm sorry -- of 13 So, from all of the kinds of things that I've
14 the incorporated area that was annexed in November of 14 heard from your visioning workshops and the kind of
15 1997. 15 things that you said you want for your community, I hope
16 This includes the area -- it includes part of 16 that, at some point in the future, that it will be --
17 the marsh. It includes the area from our former 17 there will be more options than just the Open Rural, that
18 boundaries all the way to the Intracoastal. And it goes 18 it will be more specific for the conservation, since that
19 up as far as Church Road.19 seems to be a value that is common in your community.
20 The rules for this Public Hearing will be this:
20 So, again, I do oppose the Commercial General
21 You are to speak to the zoning issue only. Each person 21 zoning of the island and support the Community
22 will have three minutes to speak. 22 Development Board's recommendations. Thank you.
23 We try to maintain the dignity of the 23 MAYOR SHAUGHNESSY: You're welcome, Mrs. Britt.
24 proceedings. This is an intellectual exercise. It is 24 The next speaker shall be Tom Dumas. Good evening.
25 intellect which is the basis on which we will ultimately 25 TOM DUMAS: Good evening.
10 12
1 have to decide. 1 MAYOR SHAUGHNESSY: How are you?
2 We sit here tonight in a quasi-judicial
2 TOM DUMAS: Fine. Tom Dumas, 27 South 32nd
3 capacity, which means we sit here like a judge. And we
3 Avenue, Jacksonville Beach. I also spoke at the
4 need to hear your input in a manner that is like a 4 Community Development Board meeting.
5 courtroom. 5 I am here to answer any questions that Madam
6 At this time, I open the Public Hearing. And I
6 Mayor or any of the commissioners would have of a real
7 will go through the blue slips that people have handed in
7 estate nature.
8 first. 8 MAYOR SHAUGHNESSY: Thank you for your offer,
9 JOE POOCH: Miss Mayor, a question, please. 9 Mr. Dumas
10 MAYOR SHAUGHNESSY: You have a point of order?
10 TOM DUMAS: Thank you.
11 JOE POSCH: Yes. I applied for 3A because I
11 MAYOR SHAUGHNESSY: All right. Mr. Dumas has
12 thought it was coming before 6A. And I would like to 12 made himself available to us.
13 speak on 6A also.13 The next speaker shall be Paul Harden.
14 MAYOR SHAUGHNESSY: After I have gone through 14 PAUL HARDEN: Good evening. My name is Paul
15 the blue slips, I will be happy to ask for a show of 15 Harden. My address is 1301 Riverplace Boulevard. And I
16 hands for people, additionally, who would like to speak. 16 represent the folks who own the property and the folks
17 The first speaker will be Valerie Britt. Mrs. 17 who are trying to develop the property.
18 Britt, would you come forward, please?18 As a matter of procedure, may I, Madam Mayor,
19 VALERIE BRITT: 378 Tilefish Court. My name is
19 before we start, I would like to introduce into evidence
20 Valerie Britt. I think I made most of the comments at 20 before the Commission three letters signed by George
21 the Community Development Board, and I understand that 21 Worley, your Community Development Director, dated
22 would be a matter of record. 22 September 4th, 1997, October 6th, 1997, and March 30th,
23 And I know I submitted some things in writing 23 1998, finding the use proposed by C. B. Universal in
24 that you have also reviewed. 24 compliance with your Comprehensive Plan. And I would
25 Basically, my position on behalf of our 25 like to make that part of the record.
13
15
1 MAYOR SHAUGHNESSY: Mr. Harden --
1 him up on his offer.
2 PAUL HARDEN: Yes, ma'am.
2 Second of all, I am appearing here both as a
3 MAYOR SHAUGHNESSY: -- I apologize if I have not 3 witness and an attorney on behalf of the landowners. And
4 -- and it must be my mistake. I have not, evidently, 4 I would like to tell you that we represent to you that we
5 made this clear to you.
5 have complied with all the procedural requirements of the
6 This is a matter simply of, within Atlantic
6 Atlantic Beach Zoning Code for zoning of the property to
7 Beach boundaries, rezoning a parcel of land in Atlantic 7 the C.G. zoning use.
8 Beach. We are not, on this agenda item, addressing the 8 That being said, I would like to deal with a
9 use of the island for your client. That will come up 9 couple of the issues having to do deal with the zoning
10 under the --
10 itself.
11 PAUL HARDEN: Madam Chairman --
11 We are of the position, and I know there is a
12 MAYOR SHAUGHNESSY: -- next agenda item.
12 difference of opinion, that the current land-use
13 PAUL HARDEN: -- just for the record, pursuant
13 designation on this piece of property is the industrial
14 to the requirements of Snyder versus Brevard County, our
14 waterfront land-use designation, or W.I., actually, I
15 obligation is to show you two things: One, compliance 15 think, Waterfront Industrial, under the Zoning Code of
16 with the Comprehensive Plan on the zoning and compliance 16 the Duval County and City of Jacksonville Comp Plan.
17 with your procedural requirements.
17 That being said, we believe that that use
18 I am trying to get those two issues out of the
18 complies -- that the proposed C.G. use complies with the
19 way before I talk about the zoning. I'm just providing 19 Comprehensive Plan use which we are seeking.
20 that information.
20 Also, the C.G. use on the site is consistent
21 MAYOR SHAUGHNESSY: I have directed you, please, 21 with the surrounding uses. I don't need to explain that
22 to confine your remarks to the zoning.22 the site that you have in your record, photographs of the
23 PAUL HARDEN: This is about the zoning. I'm 23 site that were previously introduced by your staff, and
24 sorry. 24 your surrounding uses are a shipyard, an industrial
25 MAYOR SHAUGHNESSY: It sounds as though it's 25 nature far more intense than is available under the C.G.
14
16
1 about the use.
1 Zoning Code.
2 PAUL HARDEN: Okay. 2 All of the upland zoning of the subject property
3 MAYOR SHAUGHNESSY: Okay. 3 west on San Pablo Road and east on Mayport Road is either
4 PAUL HARDEN: May I introduce these into the
4 zoned industrial or commercial use. There are no uses
5 record?
5 less intense than commercial, and most of them are of an
6 MAYOR SHAUGHNESSY: I think they are more
6 industrial nature along that location.
7 appropriate for the next agenda item, at the risk of
7 As you know, from the location of the island, it
8 sounding repetitive.
8 is well buffered from any other residential uses or any
9 PAUL HARDEN: Okay. I am not trying to be
9 uses other than Commercial General or industrial uses in
10 impolite. I was just -- I would like those as part of
10 the area.
11 the record on this item, if I might.
11 The site, for over fifty years, has been used
12 MAYOR SHAUGHNESSY: For zoning?12 for either commercial uses or industrial-type uses. And
13 PAUL HARDEN: Yes, ma'am, for the zoning. 13 we propose that that would be an appropriate use under
14 MAYOR SHAUGHNESSY: Okay. I would rather allow I 14 your Comprehensive Plan, under the Comprehensive Plan
15 you to introduce them than restrict you. So go ahead and
15 that we believe that applies, although, again, conceding
16 introduce them. You have already explained what they 16 that I understand there is a difference of opinion.
17 are.
17 You've got three or four different opinions from
18 PAUL HARDEN: Yes, ma'am.
18 folks. That being said, we believe that we have met our
19 MAYOR SHAUGHNESSY: Okay. 19 burden as required by the Supreme Court under the
20 PAUL HARDEN: I'll just set them here. Then,
20 requirements of the Snyder decision, and that you should
21 when I'm finished, I'll pass them up. 21 approve the C.G. zoning as requested. Thank you, Madam
22 MAYOR SHAUGHNESSY: They go, properly, to the 22 Chairman.
23 City Clerk. 23 MAYOR SHAUGHNESSY: And thank you, Mr. Harden.
24 PAUL HARDEN: Thank you. Thanks. I appreciate 24 J. P. Marchioli. Do you want to speak to this?
25 it. He has offered to pass them across, and I will take
25 J. P. MARCHIOLI: Did I turn in a slip? I'll be
17 19
1 glad to talk. Would you like to borrow my speaker? It's 1 those points as briefly as possible.
2 a lot better than that one. 2 First of all, the radio station property
3 MAYOR SHAUGHNESSY: State your name for the 3 complies with the Jacksonville plan, Comprehensive Use
4 record. 4 Plan, and it also complies with the Atlantic Beach
5 J. P. MARCHIOLI: It's a good idea, though, 5 Comprehensive Use Plan.
6 putting it up there. J. P. Marchioli, 414 Sherry Drive. 6 When Mr. Jensen was asked if they had to
7 I've got a lot to say, but not at this particular moment.7 consider the Atlantic Beach Comprehensive Use Plan, he
8 What I would like to say is, I feel real left 8 said, "Theoretically, yes." Of course, Atlantic Beach
9 out or whatever you want to call it. You're discussing 9 did not own that or did not control that property at the
10 zoning of an area and, if I remember correctly, y'all had 10 time.
11 a map or a layout indicating the perimeters of this item. 11 But, if you look at how every single piece of
12 And there's nothing here at the meeting to show 12 usable land is zoned on Atlantic Boulevard, it is zoned
13 the people what we're talking about. And I think that 13 either commercial or industrial.
14 leaves them kind of, you know, without a crutch. Do you 14 Usable land" is the key phrase here. Because
15 know what I'm saying? 15 the map that this gentleman was speaking about, there's a
16 And I don't know whether it's handy or not. 16 lot of marsh out there. And there's a lot of marsh
17 Somebody might oughta go get it and bring it here, let 17 there. There's marsh all around our property. But our
18 the people see it. I think it would help a lot. Thank 18 property is not marsh.
19 you very much. 19 As much as we would all like to drive from
20 MAYOR SHAUGHNESSY: Thank you, Mr. Marchioli. 20 Atlantic Beach to Jacksonville and want to see pristine
21 The next speaker shall be Chris Williams. Mr. Williams,21 marsh, that's just not reality. Reality is, there's been
22 good evening. Would you state your name and address for 22 a radio station there for forty years.
23 the record, please. 23 And that is a piece of filled land which is
24 CHRIS WILLIAMS: Yes. My name is Chris 24 usable property, not marsh. So, when you show the marsh
25 Williams, 405 Snapping Turtle Court East, Atlantic Beach, 25 is zoned agricultural, or O.R., that only makes sense. I
18 20
1 Florida. 1 don't think anybody in here would spend a lot of money to
2 I do have some handouts. I don't know if it's 2 buy a piece of marsh.
3 appropriate to give these to you all or not. I faxed 3 We spent a lot of money to buy a piece of
4 most of it to you. I have hard copies here, if you want 4 commercial property that's filled land. It was filled a
5 it. 5 long time ago.
6 I would like to enter one of these into the 6 Some of us don't like to fill marshes. We are
7 record, if that's appropriate. I'll hand that to the 7 not going to, you know, do anything with the marsh. But
8 clerk.8 it's filled property, it is not marsh. I wanted to make
9 Basically, I am the president of First Coast 9 that clear.
10 Catholic Communications, which is the corporation, not- 10 So, to deny commercial status for this is to
11 for-profit corporation that owns the radio station 11 deny historical use of the property, and it's to deny the
12 property. 12 recommendation of staff, Mr. Worley and his Planning
13 As we can tell already, most of the heated 13 Department, which recommended that it be zoned Commercial
14 discussion is about the island. But I would like to 14 General.
15 state that the radio station property is becoming an 15 The Zoning Board, you know, didn't agree with
16 unintended victim of an effort to zone the island in 16 that. Interesting thing with the Zoning Board, they
17 whatever manner y'all choose to zone the island. 17 never once, to my recollection -- I listened to the tape
18 The radio station has been in existence there 18 three times -- they never once asked Mr. Worley why he
19 for over forty years. For decades, it's been zoned 19 recommended this Commercial General.
20 commercial property. 20 I would like, as you discuss this, at least
21 We purchased the radio station as commercial 21 someone -- maybe it's not appropriate -- but someone to
22 property. The purchase was begun in October of '96 and 22 ask Mr. Worley, who is a paid professional, not an
23 completed in August of 1997. 23 appointee, who can get involved in politics, ask Mr.
24 At the Zoning Board meeting the other night, 24 Worley why he recommended that this property, the radio-
25 some things were brought up, and I would like to address 25 station property, be zoned, or be continued to be zoned
21
23
1 commercial.
1 anybody else first who would like to --
2 Another point is, if we -- we have sort of a 2 CHRIS WILLIAMS: That's fine.
3 double whammy coming up with the radio-station property. 3 MAYOR SHAUGHNESSY: -- and then call you back?
4 As you all know, the J.T.A. and the Department of 4 CHRIS WILLIAMS: No problem. Thank you.
5 Transportation, one or the other, has plans to come and 5 MAYOR SHAUGHNESSY: I agree, it is a complicated
6 seize part of our property and acquire it.6 problem. Is there anyone else who would like to speak to
7 MAYOR SHAUGHNESSY: Please finish your thought, 7 the rezoning issue. Mr. Posch, would you come forward?
8 sir.
8 JOE POSCH: Joe Posch.
9 CHRIS WILLIAMS: Yes, I will. Yes, I will. 9 MAYOR SHAUGHNESSY: Is that Councilman Shimp in
10 MAYOR SHAUGHNESSY: Thank you. Your time is up. 10 the back? Okay. My eyesight, I guess. Go ahead, Mr.
11 CHRIS WILLIAMS: I understand. They're going to 11 Posch.
12 seize the property and acquire part of the property. If 12 JOE POSCH: Joe Posch, 142 Magnolia Street.
13 you all lower the value of that property right before 13 This has to do with zoning, and it also has to do with
14 they seize it, we will be severely damaged, in the amount 14 the other matter that is going to come up under 3A.
15 of money that they offer us.
15 There was an article in the newspaper, the
16 Mr. Jensen can attest to that. There was a 16 Atlantic Boulevard bridge to get a second span. Now, the
17 conversation with Mr. Grunthal and Miss Walker about how 17 gentleman that just preceded me indicated that we're
18 the D.O.T. values property before they seize it. 18 talking about usable property.
19 And, basically, he agreed that it's based on the 19 I have a letter to you, Miss Mayor, to determine
20 actual use of the land. 20 properly whether the second span is going to interfere
21 MAYOR SHAUGHNESSY: Thank you very much.21 with access to Johnston Island. That's the right-of-way
22 CHRIS WILLIAMS: Thank you.
22 area that is now the access to Johnston Island.
23 MAYOR SHAUGHNESSY: You do know that, no matter 23 Has it been determined, or can someone determine
24 what -- this is a point of order -- no matter what zoning 24 if there is going to be an access to Johnston Island once
25 classification were assigned to the annexed area, your 25 the second bridge, or during the construction of the
22
24
1 use of the property predates the zoning assignment, and 1 second bridge?
2 you would be automatically grandfathered.2 MAYOR SHAUGHNESSY: We are here to hear your
3 CHRIS WILLIAMS: I understand that. 3 comments.
4 MAYOR SHAUGHNESSY: Any zoning assignment that 4 JOE POSCH: Okay.
5 we make allows you to continue to operate for as long as 5 MAYOR SHAUGHNESSY: So I -- I mean, I don't know
6 you would like.
6 the answer to that.
7 CHRIS WILLIAMS: Only if the D.O.T. does not 7 JOE POSCH: Well, it's important to zoning to
8 require us to move the commercial building, which is what 8 know if you're going to have access to something that
9 is planned. If you look at the maps, they plan on moving 9 you're going to zone.
10 the building. 10 MAYOR SHAUGHNESSY: You're right, it is.
11 MAYOR SHAUGHNESSY: The D.O.T. is another issue, 11 JOE POSCH: Thank you.
12 which you raised second. The issue you raised first was 12 MAYOR SHAUGHNESSY: Thank you. Yes, Mr. Kuti.
13 that anything other than commercial might affect your 13 Would you come forward, please?
14 ability to operate the radio station. And the fact is 14 STEPHEN KUTI: Stephen Kuti, 1132 Linkside
15 that it would not. You are grandfathered. And I want 15 Drive. I sympathize with a businessman who invested or
16 you to be assured of that. 16 tried to invest in a business.
17 CHRIS WILLIAMS: May I formally request a few 17 But I believe that this piece of property we are
18 more minutes? This property has been in existence for 18 trying to rezone was annexed by the citizens of Atlantic
19 forty years. It's a little difficult, as the property 19 Beach. So I believe that our voice should be the one
20 owner, to have a public, you know, forum. 20 that should be heard by our commissioners.
21 I couldn't speak to anybody before this. Can I 21 And, as for I for one, I would like to recommend
22 have just a few more minutes just to go through these 22 that the annexed property be zoned Open Rural. Thank
23 points? It'll probably take about another three and a 23 you.
24 half minutes.
24 MAYOR SHAUGHNESSY: Thank you, Mr. Kuti. Yes.
25 MAYOR SHAUGHNESSY: Why don't I hear from 25 Please come forward and state your name and address. I
25 27
1 think that microphone would work, the one you just
1 LYMAN FLETCHER: You've got the City now. I'm
2 passed, if you would like to use it.
2 done. (Laughter) Boy, what a circuitous route. Where
3 CHRIS ANDERSON: This one will be fine. Chris
3 is my hourglass? I mean --
I
4 Anderson, 1679 Seminole Road, Atlantic Beach.
4 MAYOR SHAUGHNESSY: (Displays hourglass)
5 I previously submitted a letter to the City
5 LYMAN FLETCHER: Thank you. Given the previous
6 Council -- 6 speaker's comments, I thought it would be appropriate to
7 VOICES: Louder, please.7 follow up with that, because he's actually correct.
8 CHRIS ANDERSON: I previously submitted a letter
8 When I went through two years, as the former
9 to all the City Council members in which -- 9 mayor, on the annexation of the islands as well as the
10 MAYOR SHAUGHNESSY: Please take your mike and
10 marshes, and I appeared before the Duval delegation, both
11 pull it down a little. 11 senators and representatives, on two occasions.
12 CHRIS ANDERSON: Yes. I previously submitted a
12 The first time I went through it, there was a
13 letter to all the City Council members, dated May 4th.
13 mix-up on date of enactment, by the Governor signing it.
14 It was checked in and stamped in by the City Clerk, Mrs.
14 So I had to go back and do it again, Saturday morning,
15 King. I asked that it be included in the record. I
15 F.C.C.J. campus, North Campus, I might add, at nine
16 would renew that request at this time.
16 o'clock, which is deadly for a beach guy; and,
17 I'm just going to read two paragraphs, about
17 background, the next time, with the Duval delegation; two
18 four sentences, from that letter. In November of 1996,
18 meetings with the Jacksonville City Council; and, of
19 in a Florida Times-Union article, our former City of
19 course, with the permission of the City Commission
20 Atlantic Beach mayor said that, with respect to the
20 itself.
21 Mechanic's Island, that, quote, this protects the
21 And the intent that I expressed, the main point,
22 neighborhood quality of our city, our unique residential
22 if I can put this on the record, in all deference to Mr.
23 community, also, quote, we plan to keep it like it is;
23 Harden and others, but the record will reflect a notice
24 it's a beautiful, beautiful marsh. That second quote was
24 to any future developer or user of the property that, in
25 in the Florida Times-Union November 23rd, 1996.
25 every presentation that I made -- and I think the record
26 28
1 In that same article, the reporter stated that
1 will accurately reflect this -- that it was to protect
2 the city feared that certain types of development would
2 the residential character of this city.
3 have an adverse effect on Tresca Park, which abuts the
3 That has been our mantra for six years that I
4 marsh. 4 worked on this Commission, both as a commissioner and as
5 In a November 1996 article, Jacksonville
5 the mayor.
6 property appraiser Edgar Smith predicted that the 6 And I think that that is an important point to
7 annexation would bring Atlantic Beach only $12,508 in tax
7 make, that anybody that comes to us, as we deal with the
8 revenue. That appears in the November 9th, 1996, Florida
8 zoning issue -- I'm not dealing with what happens
9 Times-Union. 9 thereafter -- from the zoning issue alone, that was our
10 Also, this summary of referendum annexing 10 intent.
11 Johnston and the other marsh islands that myself and the
11 And I think that -- I mean, family law is my
12 other residents and taxpayers of Atlantic Beach voted on
12 lawyering and not the other. So I'm not here to give
13 mentioned nothing about a gambling boat. It simply 13 opinions about land use and the like.
14 mentioned the annexing of land. 14 But, having said that, I would think that it's
15 Clearly, low-intensity and low-revenue uses were 15 important for you to consider that anybody that comes to
16 expected, not gambling-boat operations. I would ask you 16 us now, they have not got any building permits, they have
17 council members to keep it the open park-land marsh that 17 not got anything in terms of, from this City, on what to
18 we all expected when we voted to annex this land. And I 18 do forward. That's what's before you at the next agenda
19 would ask for O.R. zoning. 19 item.
20 MAYOR SHAUGHNESSY: Thank you, Mr. Anderson.
20 They do it with the knowledge that our purpose
21 I'm so sorry. I did not see you in the audience. I
21 in the annexation of the marshes and the islands --
22 would like to introduce to everyone former mayor 22 because there's more than one island out here. And what
23 Fletcher, who is the author of some of those comments. 23 you do sets precedence for the other islands that are out
24 And I will introduce you as Mayor Fletcher, and you can
24 there, besides Johnston Island.
25 give your address. 25 Dutton is in the bosom of the City already. But
29
1 there are other islands out there already. And it has 31
2 set -- could set a precedent, before we go forward with
1 Would you state your name, please.
2 MR. JOHNSON: Yes. My name is Johnson. I live3it.
4 And what holds me out of going to the ocean with
3 at 376 Fourth Street, Atlantic Beach.
5 my eight-year-old son tonight is that it is critical to
4 I would just like to remind the Council that
5 this is Atlantic Beach and not Atlantic City. Thank you.6 us as a city to maintain always, in every decision you
7 ever make, you make with an eye toward maintaining the
6 VOICE: That's right.
7 MAYOR SHAUGHNESSY: Again, keep your comments8qualityofwhatmakesthiscitysospecial.
9 8 with regard to zoning, not with the proposed use, whichAnd, if there is any shadow of a doubt, or if
9 is associated with the next agenda item. Are there any10there's any shake in the discretion that you make, I
11 argue to the point that you maintain that quality of what
10 other people who would like to speak further? )No
12 we as a community stand for, and I fought for for six
11 response)
12 There are none. All right. Oop. Yes, I plan13yearsofmytimeinvolvedwiththis.
14 13 to call you in a moment as the last one. Mr. Williams,What has previously been done, be it on the
14 if you would like to come back. Another three minutes.15 strip of Atlantic Boulevard or on this island, I would
16 remind us all, there are residents that live on Johnston
15 CHRIS WILLIAMS: Yes. Thank you.
17 Island.16 MAYOR SHAUGHNESSY: And I will warn you when
18
17 it's up.
And you're playing with the residential quality
18 CHRIS WILLIAMS: I know. My three minutes, and19oftheirlife, who are now in the boundary of our city,
20 whatever the zoning may be now, and whatever ma y ha
19 I shut up. (Laughter) I would like to point out again
ppen
21 in terms of what the zoning was under Jacksonville, Duval
20 that the radio-station property is a separate piece of
22 County, Z mi ht sa
21 property, separated by hundreds of feet from -- hundreds9y, or Jacksonville. I guess, it's
23 under our jurisdiction now. And I think you have a clean
22 of feet and a body of water from Johnston Island. I
23 think they should be considered separate.24 slate to make that decision with it.
25 24 I will remind Mr. Jensen of some points, someIwouldalsopointoutthattheparks -- we
25 conversation that he had, when he was asked about
30
1 bought Tresca Park and are in the process of beginning to
32
1 property rights. I hope he has a chance to address this2improvethatasaparkarea.
2 tonight.
3 And I think, when you look at the marshes in its
3 Part of this issue is the rights of the property4entirety, and the parks that we have planned along that
4 owners. He -- and I'll quote him. He can tell me if5area, it's not commercial.
5 this is right or wrong. I got all the tapes.6 And anybody that comes to the table at this date
6
I think prior uses permitted under the zoning7hasgottobeonnotice, that's where the City's coming 7
of Jacksonville on Johnston Island and the radio-station8from. And I request you approve the recommendation of
8 island certainly are something you have to take into9yourCommunityDevelopmentBoard. Thank you.
9 account in assigning a zoning classification from10 (Applause)
10 Atlantic Beach.
11 MAYOR SHAUGHNESSY: Is there anyone else who
11 You don't have to give it the identical one,12 wishes to speak to the issue? Yes, Mrs. White. Would
12 you can give it a different zoning classification. But I13youcomeforward, please? Good evening.
13 think you have to take into account how the property has14NANCYWHITE: Hi. Nancy White, 1729 Seminole
14 been used, what the highest and best use of the property15Road. I've been and others of us have been taking a
15 is. And there are potentials for damages if you do16petitionaroundthatsayswevotenotoD.R.I., to
16 something which takes away the highest and best use of17keepingthisresidentialandnothaveitcommercial.
17 the property."
18 And I would say, without any exaggeration, the
18 Mr. Grunthal asked him, "What is the highest and19communitythatI've talked to is probably running 20, 25
19 best use of the real estate in question?"
20 to 1, you know, to keep it residential.
20 Mr. Jensen replied, "The highest and best use21AndIthinkthat's maybe the most important
21 under the existing zoning that was in place. Now, if22thing, that the community, the people that live here,
22 that allowed for commercial development and the City of23wantitresidential. And I hope that's the way you go.
23 Atlantic Beach assigned a zoning classification that24Thanks.
24 allowed for no development, like conservation zoning,25 MAYOR SHAUGHNESSY: Thank you, Mrs. White. Yes.
25 which we don't have, if I were the property owners, then
33
35
1 I'd think you were just taking my property away, because 1 MAYOR SHAUGHNESSY: Thank you, Mrs. Woods. All
2 I couldn't use it."
2 right. At this time, I would like -- who is here
3 And then finally, I'll end with this. Mr. 3 representing the Community Development Board? Mr.
4 Grunthal and Miss Walker were having a conversation about 4 Frohwein, would you come forward, please.
5 how you value property, should the D.O.T. come and
5 I had hoped to offer you a space at a table up
6 acquire part of it.
6 here so that you could be available to the commissioners.
7 Miss Walker said, "Will the taking price be on 7 Do you think we could make one more place at the table?
8 zoning or on the value when he bought it?"
8 Or you can stay at the microphone.
9 Mr. Grunthal, "Well, of course it is. It is 9 BOB FROHWEIN: Yes. My name is Bob Frohwein. I
10 based on appraised value of the land. When the State 10 reside at 826 Ocean Boulevard, Atlantic Beach.
11 comes in and makes you an offer, it is based on appraised 11 Yes. The Community Development Board met on
12 value. And appraised value is based on what the property 12 this issue, as you all know. It's the Community
13 can be used for and what it is presently zoned. That's 13 Development Board's opinion that the pieces of property
14 just the fact."
14 in question are very unique, unique enough that we didn't
15 Then Mr. Grunthal continues, "Dr. Williams is 15 feel as though any zoning district other than O.R. was
16 being pretty accurate about the devaluation of his real 16 appropriate, the reason being was because of the
17 estate should the State come in and condemn part and take 17 permitted uses within those districts.
18 it through a taking. 18 A lot of that decision was heavily weighed with
19 I'm sure Mr. Jensen will attest to that, if 19 the factor of public safety, specifically, primarily,
20 he's been involved in one. Would you agree with that, 20 that being traffic.
21 Mr. Jensen?"
21 Although less than one percent of the use of the
22 And he said, "Yes."
22 $58,000 -- 58,000 cars daily on Atlantic Boulevard,
23 So devaluation of the property, a loss of 23 perhaps, would come from the -- from allowing Commercial
24 property rights of the property owners, and potential for 24 General zoning in this area, we still feel as though it
25 damages in a civil court, which I have been recommended 25 would not be appropriate, even though the Department of
34
36
1 by several people that that's -- most of them are on the
1 Transportation considers it insignificant.
2 Zoning Board. That's my only avenue after your vote.
2 The eastern portion that's currently before you
3 And so thank you and God bless you for the extra
3 as being, well, the radio station, its suggested zoning
4 time.
4 is Commercial General.
5 MAYOR SHAUGHNESSY: Thank you. Is there anyone
5 There is no acceleration or de-acceleration
6 further who wishes to speak? At this time, I would like
6 (sic) lane for this property, nor will there -- nor is
7 to -- did I miss one? Would Mrs. Carolyn Woods please
7 there a proposed one, with the future bridge.
8 come forward?
8 Additionally, as the speaker suggested this
9 CAROLYN WOODS: Thank you. I'm Carolyn Woods.
9 evening, it's likely that condemnation will take place,
10 I live at 303 Sixth Street right here in Atlantic Beach.
10 and making it a smaller parcel.
11 And I, too, was at the Development Board meeting 11 The portion -- well, a great portion of this
12 the other night, and I'll just kind of recapsulize what I
12 parcel is considered, well, is not uplands. It's a very
13 said there.
13 small parcel. And I assume that all of you have had the
14 I have lived in a number of communities along
14 opportunity to walk it.
15 the east coast of Florida. I started out in Miami and
15 Johnston Island, which is comprised of
16 slowly worked my way up.
16 approximately four acres of uplands property, although
17 I've seen a lot of beach communities basically 17 proposed solutions to traffic were expressed to the
18 destroyed over the past 30-odd years, and have settled in
18 Community Development Board, the Board didn't find any of
19 Atlantic Beach not by mistake.
19 these solutions favorable.
20 It is definitely a very unique community. And I
20 They are to add a lane for traffic -- excuse me
21 think, by the size of this room, you can see ninety 21 -- a lane for -- that would have a stop light that would
22 percent of the people here are willing to stand up and
22 allow traffic coming from Dutton Island.
23 fight for why we're living here.
23 It was explained how eastbound and westbound
24 And I strongly urge you to vote Open Rural for
24 traffic would enter and exit the property. The traffic,
25 this property. Thank you.
25 so to say, on the west side of the bridge that goes down
371 39
1 around Pablo Creek Marina, is something that's little 1 reasonable to allow for a variance to the seven acres and
2 known. 2 potentially allow for a Planned Unit Development, to
3 The speaker did say that signage would be 3 allow the owners the best use of their property.
4 included to direct people around that trumpet and allow 4 MAYOR SHAUGHNESSY: I'm a little bit off on my
5 for eastbound exiting of Johnston Island. 5 procedure here. I'm asking you to talk as the SII
6 By zoning this property Commercial General, it 6 representative of the Board. So I should have closed the
7 opens up a lot of uses that, again, we don't believe are I 7 Public Hearing and then asked you to do that.
8 in the community's best interest. 8 I am going to go ahead and do that at this time.
9 Those uses, as you know, include all those uses 9 If there is no further comment, I am going to close the
10 under the C.L. district as well. 10 Public Hearing. (Rapping of gavel) All right.
11 The Board, further, doesn't believe as though 11 Now, would you please continue as the
12 residential use is appropriate for either of these lands.12 representative of the Community Development Board.
13 As an entrance to the city, somewhat of a 13 BOB FROHWEIN: Thank you, Mrs. Mayor.
14 landmark, and makes quite a statement of what Atlantic 14 MAYOR SHAUGHNESSY: Otherwise, people would be
15 Beach is about and will be about five years from now, and 15 asking me why you got to talk longer than three minutes.
16 fifty years from now. 16 (Laughter)
17 The Board also feels as though zoning these two 17 BOB FROHWEIN: Well, that really surmises (sic)
18 pieces of property Commercial General will be spot- 18 the Board's position. I would like to answer any
19 zoning. It was discussed that, to allow the owners of 19 questions that the commissioners have.
20 this property adequate and reasonable use of their 20 MAYOR SHAUGHNESSY: Okay. Would you go over
21 property, that a PUD, Planned Unit Development, could be 21 again what you said about -- what is your position with
22 considered. 22 regard to spot-zoning? What is spot-zoning?
23 And, under the Open Rural designation, you'll 23 BOB FROHWEIN: Well, the Board believes as
24 note that Section 24-103, if you've -- if you're familiar 24 though this is spot-zoning in that --
25 with it, actually advocates Planned Unit Developments. 25 MAYOR SHAUGHNESSY: What is spot-zoning? was my
38
40
1 And Planned Unit Developments need not only be
1 first -- well, was my second question.
2 residential. They could be commercial. Reading, under
2 BOB FROHWEIN: Yes.
3 Planned Unit Developments, Section 24-129, under
3 MAYOR SHAUGHNESSY: Would you explain that
4 "Permitted Uses" -- 4 first?
5 MAYOR SHAUGHNESSY: 24-129? 5 BOB FROHWEIN: Spot-zoning, well, is having
6 BOB FROHWEIN: Yes, ma'am. Any use which is --6 zoning that's very incompatible, very incompatible
7 any use which is permitted or permissible by exception in
7 zonings next to one another.
8 any district -- which is permissible by exception -- 8 What we're looking at here is two pieces of
9 excuse me -- this is important: Any use which is 9 property that would be Commercial General, which is a
10 permitted or permissible by exception in any district may 10 very high-intensive use, surrounded with Open Rural,
11 be included in the Planned Unit Development. 11 which is a very low, very low use.
12 It's the Board's opinion that that is not 12 MAYOR SHAUGHNESSY: Okay. Are there questions
13 limiting but that is really allowing the owners to use
13 on the part of the Commission? I must announce at this
14 any well-thought-out planned use of their property. 14 time, we have this draft copy of the minutes. We haven't
15 24-129(b) does note that a minimum of seven
15 read it.
16 acres is required. Counsel wasn't present at the later 16 And I am going to call a short recess so we can,
17 portion of that meeting. He was attending a different 17 because we cannot do a zoning hearing without having at
18 meeting. 18 least seen the minutes from the recommendation.
19 However, it was the suggestion of Mr. Worley 19 But we are also happy that you were able to talk
20 that perhaps a variance could be sought to the seven 20 to us about it. Are there questions from the
21 acres. Okay. 21 commissioners? (No response) Okay. Thank you, Mr.
22 And then reading under "Variances," variances 22 Frohwein. If you wouldn't mind having a seat and keep
23 could be given for area. And Counsel, of course, you 23 yourself available in case there are questions.
24 know, we'd like to have Counsel's opinion on that. 24 Okay, at this time, let's take literally two
25 But it's the Board's belief that it would be
25 minutes and look through these. And, if any of you have
41
43
1 questions about them, then we will answer them at that
1 wanted his opinion. Because, one, I'm not going to do --
2 time. I think it is essential that we have read them.
2 vote for anything that I consider illegal. Whether I
3 Pause)
3 think it's emotionally right or wrong, I just can't do
4 MAYOR SHAUGHNESSY: All right. Has everyone had
4 it. That's not the oath I took.
5 a chance to read this? Discussion on the part of the
5 And what Mr. Jensen told me -- and I'll
6 Commission. Who would like to begin? Commissioner
6 paraphrase him -- was that, whatever we do in zoning is
7 Meserve.
7 not a matter of legality.
8 COMMISSIONER MESERVE: I might as well open it
8 However, here's the issue that we're going to
9 up. When I look at zoning issues, certainly I'm trying 9 face in the zone. I mean, we could downzone property.
10 to separate specific issues from zoning as a long-term
10 What you do, however, and if you look at Johnston Island
11 proposition.
11 in particular, and the radio station, as two issues, is,
12 We have here, in my mind, a balance. And this I 12 if we, by downzoning them, if we are significantly -- if
13 is going to be a sandwich we are not going to like eat no
13 we don't vote for C.L. or C.G., one of those two kind of
14 matter which way it goes.
1 14 -- those two things -- and right now on the docket is
15 We have a balance between property rights of
15 O.R., with the exception of those two parcels of
16 long-term owners' property and certainly emotional 16 property, which we have on the docket right now as C.G.
17 appeals of public opinion on the use of that property. 1 17 What we're going to do is significantly, if we
18 I don't think that discussions of what's going 18 don't vote for either C.G. or C.L., we're going to change
19 to maybe happen or maybe not happen in the future, with
19 the value of those pieces of property, and we're going to
20 an Atlantic bridge, Atlantic Boulevard bridge extension,
20 end up owning them, and we're going to end up in
21 has any bearing on this. That can go in a heartbeat.21 litigation.
22 And I don't think it's funded, anyway. And, if
22 And I think we ought to know that and know it
23 we get a bunch of citizens against expanding the bridge,
23 really up front, because it's nice to sit here and just
24 I'm sure that the City would love to unfund that and
24 sort of say everybody, ninety percent of the people in
25 spend their 30 million or whatever it's going to cost for
25 the audience just would love it.
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44
1 that expansion someplace else.
1 We'd be the most popular heroes in the world and
2 So that's not a done deal. And it's futuristic.
2 just say, "Oh, we'll just do it all O.R. and let the
3 And I don't think we need to -- we can't consider it.
3 chips fall where they may."
4 I don't think zoning is a popularity contest. I
4 I don't think it is right for this Commission to
5 have my personal views of this whole issue and what I'd 5 put us at financial jeopardy by making bad decisions.
6 like to see in zoning, but they have nothing to do,
6 And, in fact, I think the property people, the Johnstons,
7 within my mind, with what I think is that delicate
7 who have owned that island for many years, have their
8 balance between property rights and what we'd like to see
8 rights, too.
9 happen. 9 And I think we've got to be very careful that we
10 We've got to -- we're only talking one issue
10 don't step on their rights in a decision we may make,
11 here, and that's two pieces of property that are about 11 that we make based on a lot of emotion.
12 the only high and dry pieces of property in this whole I
12 So I'm really concerned with the way we're going
13 issue. The rest of it's marsh lands.
13 in this. I think I'm going to vote against C.G., I'll
14 There are no other islands that could be
14 tell you up front. But I'm going to also, if I get an
15 developed. You would have to go across marsh lands to
15 opportunity, put a motion in to rezone -- to change and
16 get access to them by bridge.
16 amend the ordinance to take those two pieces of property
17 So I don't think, while it's a nice appeal, i
17 and make them C.L., which gives them a little -- gives us
18 don't think we're setting precedent that's going to
18 a little flexibility to control their future.
19 expand out the waterway to other islands being developed.
19 But that is -- I don't know where we're going to
20 I think the issues are the current and historic 20 go with this on a vote or anything else. But that's my
21 uses of those pieces of property. And, if you look at
21 opinion. Thank you.
22 them over years and years and years, they have been
22 MAYOR SHAUGHNESSY: What is included in the
23 basically commercial property. I mean, that's the truth
23 C.L.? I mean, what would your reasons be for C.L.?
24 of the matter. 24 COMMISSIONER MESERVE: C.L. is -- C.L. takes a
25 So I was talking with the City Attorney, and I
25 few things out. And I don't remember the language. But
45
47
1 it doesn't significantly change it. You can use it as
1 anything in between, all the way down to O.R.
2 commercial property, but it's limited, and it restricts
2 You are a commissioner charged with making this
3 it a little more.
3 land-use decision, and it's up to you -- and I think
4 Probably, there are a few more -- and, again,
4 you've already done so -- to select and say the one that
5 I'm not pointing at the current projected use of the
5 you think is best.
6 island. I'm just saying, it gives the City a little more
6 I am unclear whether or not you must put the
7 flexibility of controlling what might go in there twenty
7 weight that you have on prior use. And, if you would
8 years from now.
8 like to raise that question with the City Attorney --
9 It's a little less intensive commercial use of
9 COMMISSIONER MESERVE: Well, my question,
10 the property. We don't have an industrial, something
10 through the Chair, to the attorney, was --
11 that's exactly comparable to Waterfront Industrial. I
11 MAYOR SHAUGHNESSY: Yes.
12 mean, we don't. So we're mixing apples and oranges.
12 COMMISSIONER MESERVE: -- if you change it --
13 But I'll tell you, to change it from industrial
13 MAYOR SHAUGHNESSY: Yes.
14 to O.R., I don't even think we can do that without going
14 COMMISSIONER MESERVE: -- is it such, as it is
15 through this whole process of zoning all over again.
15 going from the original ordinance that we are on the
16 And I think that I would ask a legal opinion --
16 second reading, to do O.R. with the two C.G. pieces, to
17 and I'm not sure it's the place, but I would ask, through
17 change it to all O.R., is that significant? And would
18 the Chair, for the City Attorney, if it goes in this
18 that require us to start the process over again? And I
19 direction of -- of a substitute -- a motion or something,
19 would like a legal opinion --
20 could we even act on that tonight, to go to O.R. on those
20 MAYOR SHAUGHNESSY: It is.
21 two pieces of property?
21 COMMISSIONER MESERVE: -- from the City
22 MAYOR SHAUGHNESSY: I can probably answer that,
22 Attorney.
23 because I've had similar questions today, and probably
23 MAYOR SHAUGHNESSY: It is significant. And this
24 spent half the day on the telephone with Mr. Jensen.
24 is from the City Attorney. Because I asked the same
25 If we amend the current zoning, which, again, is
25 question today. It is significant. It would require two
46
48
1 on there, normally, what comes to us is the
1 additional public hearings. Is that the answer? I mean,
2 recommendation of the Community Development Board.
2 is that the last question, or do you have other
3 Because of a number of factors, that's not happening
3 questions?
4 here.
4 COMMISSIONER MESERVE: That's all. Thank you.
5 So we are dealing with what we don't normally
5 MAYOR SHAUGHNESSY: Alan, do you have anything
6 deal with. Normally, we'd be dealing with the O.R.
6 you want to add to that?
7 recommendation.
7 CITY ATTORNEY ALAN C. JENSEN: No.
8 For other reasons, it came through as C.G.
8 MAYOR SHAUGHNESSY: Okay. Questions from other
9 Nobody quite understands why. I guess there was
9 commissioners. Commissioner Mitchelson.
10 confusion. At one time, it had to be with the Comp Plan,
10 COMMISSIONER THEO K. MZTCHELSON: John, to
11 then it didn't have to be with the Comp Plan.
11 follow up on that, I was asking Alan a similar question.
12 Be that as it may, the answer to your question
12 And with regards to your consideration of commercial or
13 is that you can amend it. If you amend it substantially,
13 C.L. -- correct me if I'm wrong, Alan -- but Alan led me
14 it requires public notice and hearing; if you amend it
14 to believe that that was not a significant change that
15 slightly, then it would not.
15 would require us to go all the way back to the 30-day
16 But you can vote on anything you want here
16 process again, whereas the O.R. would.
17 tonight. And you have your reasons. I mean, I agree
17 MAYOR SHAUGHNESSY: Correct. I think that's
18 with the statement you made, and I wrote it down. It is
18 approximately what I said, if it's not significant. Mr.
19 not right for this Commission to make bad decisions.
19 Borno.
20 I don't think there's anybody here who thinks
20 COMMISSIONER BORNO: I didn't hear the answer on
21 that it would be right for this Commission to make bad
21 what C.L. was. What is the definition?
22 decisions.
22 MAYOR SHAUGHNESSY: I'll read it: C.L. is
23 However, you are not restricted except by your
23 Section 24-110, C.L., Commercial Limited district. Do
24 viewpoint on a zoning category for these pieces of
24 you want me to read it all?
25 property. And you may consider C.G., C.L., R.S.-1,
25 BOB FROHWEIN: Sure.
49
51
1 MAYOR SHAUGHNESSY: I might as well. Okay.
1 owners to have the option to come back with a Planned
2 Intent. The C.L. districts are intended for
2 Unit Development, and it can be discussed at that time.
3 low-intensity commercial uses and businesses and
3 And I really do believe that the main emphasis
4 commercial offices which are suitable but in close
4 of the annexation was for us the have some control over
5 proximity to R.S. districts. However, with regulation
5 the future development.
6 and oversight, certain uses, by exception, within this
6 I don't know if that's the right way to go, but
7 district would be appropriate.
7 I'm not sure that C.G. is the right way to go as well.
8 Permitted Uses. Uses permitted in these
8 MAYOR SHAUGHNESSY: Anybody else? (No response)
9 districts are as follows. And, I mean, there are a lot
9 Okay. Alan, do you have anything else you would like to
10 of them: service establishments, barber shop, beauty
10 say at this time?
11 shop, shoe repair, laundry or dry cleaning pickup,
11 CITY ATTORNEY JENSEN: No.
12 tailors or dressmakers, low-intensity retail sales of
12 MAYOR SHAUGHNESSY: It was my -- I was here when
13 items such as wearing apparel, toys, sundries, notions,
13 this land was annexed, and I was here when it went
14 books and stationery, luggage and jewelry, but not the
14 through. And the purpose of the annexation was -- it was
15 sale of lumber, hardware or building materials or similar
15 twofold, as far as I was concerned.
16 uses, art galleries, libraries, museums, medical and
16 It was to preserve the residential quality of
17 dental offices, but not clinics or hospitals,
17 Atlantic Beach by establishing a boundary and a border
18 professional offices such as accountants, architects,
18 that could be held for generation after generation after
19 attorneys, engineers, optometrists and similar uses,
19 generation of Atlantic Beach residents. I am really
20 business offices such as real estate broker, insurance
20 trying to take the long view and not the short.
21 agents, manufacturing agents, and similar uses, banks and
21 The second purpose for the annexation was so
22 financial institutions, convenience food stores but not
22 that we could touch the Intracoastal Waterway and thereby
23 supermarkets, apothecaries, government buildings and
23 be eligible for, in the navigation grants and so forth,
24 facilities.
24 the moneys that can accrue to your city once you become a
25 Have you got all those memorized?
25 city that touches the waterway.
50
1 COMMISSIONER BORNO: I'
ve52
got them memorized.
1 I have had as bedrock for me since 1993 that
2 MAYOR SHAUGHNESSY: That's the definition of
2 this is a residential community. It is a rare and unique
3 C.L. While I have the book out, does anyone want me to
3 residential community. And I am committed to preserving
4 read any of the other categories? (No response)
4 it.
5 Mike, did that answer your question? Do you
5 I cannot tell you the number of people from out
6 have additional questions?
6 of town who come up to me and say, "I can't believe that
7 COMMISSIONER BORNO: Not at this time.
7 a place like this still exists. I can't believe how
8 MAYOR SHAUGHNESSY: Okay. Commissioner Beaver.
8 wonderful it is. And I wish that I could live here."
9 COMMISSIONER BEAVER: Thank you. I think the
9 I want to preserve this. And I am not saying
10 original purpose of annexation was to preserve Atlantic
10 that different zoning categories, you know, to which I am
11 Beach and to have some control over what might occur in
11 opposed, would absolutely kill it.
12 those areas.
12 But, if we have a chance to preserve the
13 And, even though I don't want to limit the use
13 entrance of our city the way it is now, and the children
14 of that land, I think that Commercial General allows a
14 forever cross the bridge and take a look and see it
15 little bit too much for that area.
15 uninterrupted and peaceful, I think that's worth
16 And, in the conversations that I'm hearing
16 something.
17 tonight, and what I learned today, is that Open Rural
17 I think we need to ask ourselves: What is it
18 allows for the P.U.D., which basically means people can
18 worth to be a city like this? And what does it take to
19 come and specifically ask for an exception or a type of
19 preserve it?
20 use that, at that time, can be decided on.
20 I would be in favor of the O.R. designation. Z
21 My concern is that, with C.G., this is zoning
21 understand the position about the property around the
22 forever. And, depending on who is there in five years or
22 radio station. However, at this point, that, in fact,
23 ten years, I think that C.G. allows a little bit too much
23 speculation has not yet occurred; it hasn't happened.
24 for -- the traffic issue is a big concern of mine.
24 When it does happen, there are legal remedies
25 And it just seems to me that O.R. allows the
25 that you can employ to come back to us and be made whole.
53
551Idon't wish you any malice. I don't wish the radio 1 CITY CLERK KING: Commissioner Mitchelson.
2 station any malice. And I don't think anybody up here 2 COMMISSIONER MITCHELSON: Against.
3 does.
3 CITY CLERK KING: Mayor Shaughnessy.
4 There is a venue later to address that. But, 4 MAYOR SHAUGHNESSY: Against.
5 right now, I'm trying not to look at what might happen in 5 All right. There is -- the decision to zone the
6 the summer of 1998, and I am trying to look very far down 6 area Commercial General in combination with O.R., that
7 the road and take the long view. 7
motion has been defeated unanimously.
8 So my preference would be to amend it to O.R. I 8 At this time, I will entertain any other motion.
9 think it's appropriate. I know the southern part of the 9 Or I will make a motion. I will make a motion to put the
10 island, which is in the Neptune Beach community, is also 10 entire area into the designation of O.R., Open Rural. Do
11 in conservation.
11 I have a second?
12 When you talk about highest and best use of the 12 COMMISSIONER MITCHELSON: Second.
13 land, it's a misleading term, because the highest use of 13 MAYOR SHAUGHNESSY: Made by myself, Mrs. King,14 the land is always the highest density. And so don't be 14 seconded by Commissioner Mitchelson. Is there discussion
15 misled by the term "highest and best use." 15 on this motion? I think I've had my say on it, and I
16 What we are looking for here is not the highest 16 don't wish to speak at this point.
17 use of the land, it's the best use of the land. And, to 17 Commissioner Borno.
18 me, I think that is, in terms of Atlantic Beach and 18 COMMISSIONER BORNO: I'd like to have a
19 zoning, that's the lowest density that we could possibly 19
clarification again on the O.R. and the relationship to
20 come up with.
20 PUD, please.
21 We have density which is burgeoning in this old 21 MAYOR SHAUGHNESSY: Sure. Okay. That's Section
22 city because of the zoning we have on it. And I would 22 129. Give me just one minute. And I would be happy to
23 like to address this, put this piece of property into a 23 read the Open Rural designation and what that allows, if
24 low-density situation which would allow people to live on 24 anybody wants me to do it.
25 it, or to come to us under a P.U.D. and propose a use 25 Okay, 24-129, Permitted Uses and Site
54
56
1 which could be looked at individually at that time.1 Requirements. Permitted Uses: any use which is permitted '
2 But, as far as I'm concerned, my role here is to
2 or permissible, by exception, in any district may be
3 assign a zoning that preserves it as much as possible and
3 included in a Planned Unit Development.
4 consistent with the spirit of Atlantic Beach.
4 And that is under (a). I will read the purpose
5 So, if there are -- if we have a second go-
5 of a Planned Unit Development: The purpose of the
6 round, you are more than welcome. Is there anyone who
6 Planned Unit Development is to encourage imaginative
7 would like to speak further? (No response)
7 design to create a more desirable environment than would
8 We have a motion on the floor that has been made
8 be possible through the strict application of the minimum
9 and seconded to approve Commercial General zoning for the
9 requirements of the land use regulations.
10 annexed area. All those who are in favor of approving 10 The purpose of Planned Unit Development
11 the commercial zoning for the annexed area -- and I'll
11 regulations is to encourage flexibility in design and
12 take a point of order. Go ahead.
12 development of land in order to promote its most
13 COMMISSIONER MITCHELSON: It can be a
13 appropriate use.
14 combination of two things, O.R. and commercial.
14 Is there anyone who wishes me to enumerate the
15 MAYOR SHAUGHNESSY: O.R. and commercial. I'm
15 uses under O.R.? Or are you all clear on what they are?
16 sorry. All those who are in favor of the O.R. and
16 I would be happy to go over it a second time, if people
17 commercial -- let's take a roll call on this. Let's do
17 would like. (No response)
18 it that way, Commissioner Beaver.
18 Okay, there being none, are there additional
19 Maureen, will you call the roll, please?
19 questions or comments from the Commission?
20 CITY CLERK KING: Commissioner Beaver. 20 COMMISSIONER MESERVE: Clarification. I'm not
21 COMMISSIONER BEAVER: I'm against.
21 knowledgeable enough, (off microphone) even though I run
22 CITY CLERK KING: Commissioner Borno. 22 one, but there is an acreage issue, correct?
23 COMMISSIONER BORNO: Against.
23 MAYOR SHAUGHNESSY: Yes.
24 CITY CLERK KING: Commissioner Meserve.
24 BOB FROHWEIN: Yes.
25 COMMISSIONER MESERVE: Against.
25 MAYOR SHAUGHNESSY: If the entire area is zoned
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59
1 O.R. -- this is a point of order for me as well -- do you
1 Any additional questions on the part of the Commission?
2 take the high, dry land and put that all together and
2 (No response) There being none, let's vote.
3 consider that for the P.U.D., or would you take it piece
3 Now, you'll have to forgive me. There's a lot
4 by piece, i.e., the island, et cetera?
4 going on tonight, and I want to be correct in the
5 And I'm asking you as the representative.
5 procedure. And I want you to understand in advance what
6 BOB FROHWEIN: Well, yes. Section 24-129(b)
6 the procedure is.
7 states the minimum site area required for the Planned
7 This is germane to Mr. Meserve's earlier
8 Unit Development is seven acres.
8 question. If the O.R. designation passes this body, then
9 MAYOR SHAUGHNESSY: Right.
9 the next step is to publicly notice the intent to rezone
10 BOB FROHWEIN: Now, again, it's the Board's
10 the property O.R.
11 thought that, on the definition of variance, that a
11 Then the next step -- am I right, Buzzy? Then
12 variance could be granted in light of the fact that
12 the next step is to have a Public Hearing -- in two weeks
13 neither of the two properties that are currently slated,
13 or thirty days? It's two weeks, is it not?
14 well, that were suggested to be zoned Commercial General,
14 CITY ATTORNEY JENSEN: You have to go through
15 meet that seven- to eight-acre requirement.
15 the ordinance procedure again.
16 It was the Board's thoughts that, again, a
16 MAYOR SHAUGHNESSY: Right. Okay.
17 variance could be sought to that, you know, to that
17 CITY ATTORNEY JENSEN: And there is a 30-day
18 seven-acre minimum.
18 notice requirement.
19 Again, under the definition of variance, a
19 MAYOR SHAUGHNESSY: All right. Is it thirty
20 variance may be authorized only for a height area, size
20 days inclusive of the two Public Hearings, or wait thirty
21 of structure, et cetera, e[ cetera.
21 days and have the first Public Hearing?
22 Area is inclusive. And, there again, we have
22 CITY ATTORNEY JENSEN: Between the first reading
23 not had the opportunity to get a legal opinion concerning 23 and the Public Hearing, George, thirty days? Yes.
24 this. But it seemed to make sense to the Board.
24 MAYOR SHAUGHNESSY: Between the first reading
25 COMMISSIONER MESERVE: We are offering up the 25 and the Public Hearing. Okay. Now we know what the
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60
1 potential of being a PUD to the current property owners 1 rules are. All right.
2 as sort of mitigation against their potential loss in
2 Now, let's call the roll one more time, please.
3 value of the property, but we're still saying that they 3 COMMISSIONER MESERVE: Point of order.
4 don't meet the requirements for that.4 MAYOR SHAUGHNESSY: Yes.
5 So they would have to get project-specific to 5 COMMISSIONER MESERVE: I guess I'm still
6 even come to anybody with a variance. So, from a pure
6 confused as to what we are -- are we voting like we would
7 "what is my land worth now, since I have nothing on it?"7 on a new ordinance and this is the first hearing?
8 it's -- it's a pretty iffy thing, because they've got to 8 Because we haven't had a hearing on it.
9 take another bite of this apple.
9 MAYOR SHAUGHNESSY: No.
10 BOB FROHWEIN: Yes, Commissioner.
10 COMMISSIONER MESERVE: So we're not voting on
11 COMMISSIONER MESERVE: Isn't that true?
11 anything, are we?
12 BOB FROHWEIN: Yes, it is. However, the Board
12 MAYOR SHAUGHNESSY: We are voting to -- yes, we
13 felt as though that was a whole lot more appropriate than
13 are voting on something very important, Commissioner
14 putting a square peg in a round hole.
14 Meserve. It is confusing because of what I said before.
15 By allowing the owners that option, the Board
15 Normally, we are dealing with a land-use matter.
16 felt as though it was in the best interest of the City.
16 We want to change the designation of one use to another
17 And, furthermore, uses that go on there, well, the radio 17 distinct use.
18 station, for example, which happens to be an automated
18 Here, it's open ended because we have a choice
19 radio station that produces, currently produces very
19 of about eight different uses and eight different zone
20 little, very little traffic, maybe one car a day, and 20 categories.
21 perhaps two, as it was explained to us by the owner, you 21 We can't just say, well, we can only deal with
22 know, that would be grandfathered in.
22 Commercial General tonight, and so let's restrict it to
23 MAYOR SHAUGHNESSY: Yes.
23 one other use next time and vote that up or down. We
24 BOB FROHWEIN: Thank you.
24 have to, at some point, come to a decision and a choice
25 MAYOR SHAUGHNESSY: Thank you, Mr. Frohwein.
25 about how weertetthepropertyppy a ppropriately assigned for
61
63
1 use. j 1 Hearing and related action on an application filed by C.
2 COMMISSIONER MESERVE: No. What my point of
2 B. Universal, Incorporated, to operate a cruise ship from
3 order is, that we have taken action tonight to deny an
3 Johnston Island, which proposed development is undergoing
4 ordinance -- and we were on second reading -- 90-98-165.
4 a Development of Regional Impact review.
5 Are we voting on another ordinance? Or are we voting to
5 All right. At this time, I will have the Public
6 get an ordinance set up?
6 Hearing. We have already held a Public Hearing on this
7 MAYOR SHAUGHNESSY: We are voting to amend this
7 issue at the last Commission meeting.
8 one. And, because we are doing that, it requires
8 I am going to ask that you please do not go over
9 additional Public Hearings.
9 old ground. You have had your opportunity, and you have
10 As the City Attorney said, it's almost like
10 had your say on those issues.
11 starting all over again. Because we believe in notifying
11 Please confine your remarks tonight to those
12 the public of what's going on. And that is the whole
12 related to the zoning, because it's the zoning that is
13 point of it, the public's business in front of the
13 the new piece of information, the Community Development
14 public. Okay.
14 Board's recommendation, and the action the Commission has
15 Is there further discussion? There is. Mr.
15 taken here tonight.
16 City Attorney.
16 With that in mind, with that in mind, I hope you
17 CITY ATTORNEY JENSEN: I think, for
17 understand what I am trying to say I want. And I will be
18 clarification, as required by our ordinances, the
18 happy to open the Public Hearing now. And I do have a
19 Community Development Board has made a recommendation to
19 number of blue sheets.
20 this Commission.
20 COMMISSIONER MESERVE: Point of order before you
21 The procedure would be that you can vote on the
21 start.
22 recommendation and then instruct staff to bring back an
22 MAYOR SHAUGHNESSY: A point of order is always
23 ordinance based on your vote.
23 in order.
24 MAYOR SHAUGHNESSY: Have we finally made you
24 COMMISSIONER MESERVE: The question I have,
25 happy, Commissioner Meserve?25 through the Chair to the City Attorney, is -- we voted to
621 64
1 COMMISSIONER MESERVE: Yes. 1 ratify the recommendation of the Community Development
2 MAYOR SHAUGHNESSY: All right. Let's have a 2 Board, which will mean that we are going to have brought
3 roll call for this one as well. Madam Clerk, would you 3 back to us an ordinance, as I understand it.
4 please call the roll. 4 MAYOR SHAUGHNESSY: Yes.
5 CITY CLERK KING: Commissioner Borno. 5 COMMISSIONER MESERVE: Therefore, my question
6 COMMISSIONER BORNO: Aye. 6 and point of order is: Under what type of zoning could
7 CITY CLERK KING: Commissioner Meserve. 7 we ever make a decision at this meeting on the issue of
8 COMMISSIONER MESERVE: Aye. 8 the D.R.I.?
9 CITY CLERK KING: Commissioner Mitchelson.
9 What zoning -- we cannot use our decision
10 COMMISSIONER MITCHELSON: Yes, ma'am. 10 tonight to support,pport, in my view -- and I may be wrong --
11 CITY CLERK KING: Commissioner Beaver. 11 what zoning code or Comprehensive Plan would we have to
12 COMMISSIONER BEAVER: Aye. 12 use in our consideration later on tonight, if we are to
13 CITY CLERK KING: Mayor Shaughnessy. 13 make a decision on the D.R.I., given where we're at right
14 MAYOR SHAUGHNESSY: Aye.14 now?
15 By your unanimous action, you have approved a 15 MAYOR SHAUGHNESSY: I understand your question.
16 And you are absolutely right. We cannot use the decision16zoningclassificationofO.R. for the territory annexed
17 into the City of Atlantic Beach during the month of 17 we made tonight because it is not final. And I will ask
18 November 1977 (sic). 18 the City Attorney to answer the remainder of the
19 And an ordinance will be brought back to us 19 question.
20 for -- 20 CITY ATTORNEY JENSEN: Thank you, Commissioner
21 BOB FROHWEIN: It's '97.21 Meserve.
22 MAYOR SHAUGHNESSY: 1996 (sic). I'm so sorry. 22 MAYOR SHAUGHNESSY: Popularp guy tonight.
23 Okay. That concludes that agenda item.23 CITY ATTORNEY JENSEN: This is a unique
24 The next item on the agenda is 3A. The next 24 situation because of the relationship between the City of
25 item on the agenda is Unfinished Business, 3A, Public 25 Jacksonville, Duval County, and the Beaches and Baldwin.
65 67
1 There is a statute that says, when property is 1 the records.
2 annexed to a city, that you use, until the city's Comp 2 The record of the Community Development Board
3 Plan is amended to include that annexed property, you use 3 will show that, on May 5th, 1998, that Board voted to
4 the prior county zoning and county land-use regulations,4 assign an Open Rural zoning designation to Johnston
5 and they remain with the property. 5 Island.
6 The City of Jacksonville or Duval County does 6 Pablo Point Civic Association requests the
7 not have either a countywide zoning nor do they have a 7 official minutes of the May 5th, 1998, Community
8 countywide Comprehensive Plan. 8 Development Board's meeting on the proposed zoning of the
9 And, by "countywide," I mean, their zoning does 9 annexed islands, including Johnston Island, be submitted
10 not encompass the three Beaches or Baldwin. I am very 10 to the official record of the proposed C. B. Universal
11 comfortable in telling you that I don't believe that 11 D.R.Z. as evidence of the City's and the public's values,
12 statute applies in this particular situation. 12 visions and plans.
13 You are now, through your action, through the 13 In addition, we request that the tapes of the
14 recommendation of the Community Development Board, as 14 Community Development Board be referenced in the record
15 well as your action tonight, with instructions to staff 15 of the D.R.Z. and be considered by the Commission in
16 to come back with a zoning ordinance for all the annexed 16 making a decision on the D.R.I. that serves the long-term
17 land that will make that Open Rural, and which will be 17 public welfare of their constituents, and also considers
18 followed or perhaps initiated at the same time by an 18 the regional impact of the decision.
19 amendment to the Atlantic Beach Comprehensive Plan, which 19 We request that any approval for Johnston Island
20 is going to use the same designation -- our zoning code 20 development be consistent with the long-term
21 and our Comprehensive Plan use the same designations for 21 recommendations of the Community Development Board.
22 land regulations and for zoning. 22 A copy of Madeline Hopson's Beaches Leader
23 So the zoned piece of property in Atlantic 23 comments on the Community Development Board's meeting is
24 Beach, the Comp Plan is going to reflect the same thing. 24 attached to this request as Exhibit 1. And I request
25 If you amend the Comp Plan, the zoning is going to 25 that the minutes be added as Exhibit 2, once they become
66 68
1 reflect the same thing. 1 available. I am now submitting this statement to the
2 I think, by your action tonight, you have 2 D.R.I. record.
3 designated what the zoning is going to be on that 3 MAYOR SHAUGHNESSY: Thank you, Mrs. Brown.
4 property and how the Comp Plan is going to be amended. 4 Valerie Britt.
5 And I am of the opinion that you can proceed on 5 VALERIE BRITT: I am trying to up the five
6 that basis.
6 inches I think the paper covered the last time. Valerie
7 COMMISSIONER MESERVE: All right. Thank you. 7 Britt, 378 Tilefish Court.
8 MAYOR SHAUGHNESSY: Thank you, Mr. Jensen. All 8 And I'm here in representation of Pablo Point
9 right. The Public Hearing. Do we need a motion before 9 Civic Association. I understand that this is a very
10 the Public Hearing? All right. We will go ahead with 10 complex issue, when we're looking at a Development of
11 the Public Hearing. (Rapping of gavel) 11 Regional Impact and the decisions that have been made in
12 The first person I am going to ask to speak is 12 the past week.
13 Kathy Brown. Would you come forward, please? State your 13 I would like to suggest to you that, if you're
14 name and address for the record, please. 14 going to be using the coverage or the underlying land use
15 KATHERINE BROWN: My name is Katherine Brown. 15 at this point from Jacksonville's W.D.W.R., that it is
16 I'm treasurer and a board member of Pablo Point Civic 16 not --
17 Association. 17 MAYOR SHAUGHNESSY: We are not.
18 I have a statement that I would like -- 18 VALERIE BRITT: Right. Okay. But, if you --
19 MAYOR SHAUGHNESSY: We need your address for the 19 VOICES: (Off microphone)
20 public record.
20 VALERIE BRITT: Okay. Sure. That Comprehensive
21 KATHERINE BROWN: Pardon? 21 Plan is complex. And I did see a statement that this
22 MAYOR SHAUGHNESSY: We need your address for the 22 D.R.I. would be consistent with that.
23 public record.
23 And I wanted to be sure that -- so your
24 KATHERINE BROWN: 365 Pablo Point Drive, 24 statements earlier will be that you will not be using the
25 Jacksonville 32225. I'll read this and then submit it to 25 W.D.R., you will be moving forward with your own plan
69 71
1 amendment? 1 Also --
2 MAYOR SHAUGHNESSY: Well, we have to move 2 MAYOR SHAUGHNESSY: Mrs. Britt --
3 forward -- 3 VALERIE BRITT: Yes.
4 VALERIE BRITT: Right. 4 MAYOR SHAUGHNESSY: -- you are not in the spirit
5 MAYOR SHAUGHNESSY: -- with our own plan. 5 of what I --
6 VALERIE BRITT: Right. 6 VALERIE BRITT: This is to do with zoning.
7 MAYOR SHAUGHNESSY: I don't know if you 7 Okay. And I'm telling you why. The conservation and
8 understood it clearly or not. Mr. Jensen's statement -- 8 open rural nature is related to this type of use, where
9 VALERIE BRITT: Yes. 9 they have said that there is commercial use.
10 MAYOR SHAUGHNESSY: -- was that we would be 10 This does relate to it. I will just list them
11 using an O.R. standard --11 and submit them to the record.
12 VALERIE BRITT: Right. 112 MAYOR SHAUGHNESSY: Excuse me. We have already
13 MAYOR SHAUGHNESSY: -- for this decision. 13 made our determination.
14 VALERIE BRITT: Okay. I thought that's what he 14 VALERIE BRITT: Right. But it relates to the
15 said. Yes. I do understand that the state annexation 15 D.R.I.
16 laws, from the correspondence that came up, did suggest 16 MAYOR SHAUGHNESSY: We are not going to discuss
17 that. 17 Jacksonville's Comprehensive Plan --
18 I just wanted to make one statement about that 18 VALERIE BRITT: I understand.
19 and then I'll move on. The Comprehensive Plan of 19 MAYOR SHAUGHNESSY: -- or any others.
20 Jacksonville is obviously very complex, and it would have 20 VALERIE BRITT: I understand. Okay. This is a
21 been impossible to have decided it was consistent. So I 21 D.R.I. issue, because D.R.I. is a use.
22 wanted to make that comment. 22 MAYOR SHAUGHNESSY: But we are discussing the
23 MAYOR SHAUGHNESSY: Thank you. But we really 23 D.R.I. tonight only with regard to zoning.
24 have to -- all these comments have to do with zoning,24 VALERIE BRITT: Okay. That's exactly what I'm
25 because that is the only really new issue. 25 doing.
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1 VALERIE BRITT: And the D.R.I. 1 MAYOR SHAUGHNESSY: That is all we have before
2 MAYOR SHAUGHNESSY: Yes. 2 us.
3 VALERIE BRITT: Okay. 3 VALERIE BRITT: I understand that. This will --
4 MAYOR SHAUGHNESSY: The only really new issue. 4 this is related to the use, which is zoning, which is the
5 VALERIE BRITT: Okay. 5 D.R.I.'s use.
6 MAYOR SHAUGHNESSY: The real D.R.I. Public 6 The second item has to do with the other uses
7 Hearing was last time. 7 that were assigned there, the zoning uses, conservation
8 VALERIE BRITT: Okay. That's fine. What I 8 uses that were assigned.
9 would like to submit to the record, then, are just a few 9 You've heard from the issues of other types of
10 items.10 uses. I'm submitting a packet that will show, not on
11 First of all, currently in progress is a title 1
11 land-use amendments, but show the conservation zoning
12 search of the Johnston Island that is looking beyond the I 12 land use for the areas that surround the island.
13 very cursory legal description that was included in the 13 In addition to that, this also has to do with
14 D.R.Z.14 zoning use. I'm submitting a packet of pictures that do
15 A complete deed was not submitted. A complete 15 show the area and the wetlands around it, as well as
16 legal description was not submitted. And left out from 16 detailed pictures of the island.
17 that D.R.I. legal description was some significant 17 Again, it is use, and it is zoning, because
18 information about the inland navigational water district 18 conservation is a zoning. Open Rural is very compatible
19 and the easements. 19 with one of the zonings that it had before. But it
20 And I'll submit a letter from Title Source, 20 really doesn't matter about that.
21 Cynthia Baldwin, president, that one has not been 21 So these are items that have to do with zoning.
22 completed. However, I do have a package for you that 22 And the pictures have to do with that. The pictures do
23 includes the plat of the inland navigational district and 23 depict the nature of the area. And I believe that that
24 a plat of the Intracoastal Waterway. And it will have 24 will show some information about the use.
25 significance at some point in the future.25 VOICE: Time's up.
73
751VALERIEBRITT: Okay. I will submit two aerial
1 know what they are. Maybe we can answer them later.
2 photos that are documented, and dated as Sunday morning. 2 MIMI AMES: Oh-huh. Well, anyway, this -- this
3 And those are the pictures.
3 issue that's before us right now, this can never be put
4 And again, as long as you are not looking at
4 to a vote; is that correct? Because this is private
5 Jacksonville's plan at all, and it will not be an
5 property; is that correct? The island is private
6 underlying land use, I will not need to submit the maps
6 property?
7 and the Comprehensive Plans to the record. Thank you.
7 MAYOR SHAUGHNESSY: The island is private
8 MAYOR SHAUGHNESSY: Thank you, Mrs. Britt.
8 property.
9 Okay. Next will be Mimi Ames. Would you come forward,
9 MIMI AMES: Right. Is there any way that
10 please, Mrs. Ames?
10 Atlantic Beach could buy it?
11 MIMI AMES: My name is Mimi Ames. I live at
11 MAYOR SHAUGHNESSY: It is for sale.
12 1614 Park Terrace West here in Atlantic Beach.
12 MIMI AMES: It is for sale?
13 I was not able to come to the last meeting, when 13 MAYOR SHAUGHNESSY: Yes.
14 you discussed the casino. So what I would have -- what I
14 MIMI AMES: Well, is there any way that the City15wouldsayisnotgoingtobeabouttherezoning.15 could buy it?
16 So what I have to say is not according to what
16 MAYOR SHAUGHNESSY: Probably.
17 you want. And I don't want to get emotional, because I
17 MIMI AMES: Then maybe this issue would come to18readyou're not supposed to get emotional.
18 a close.
19 So, anyway, what I would like to --
19 MAYOR SHAUGHNESSY: Would you like to be the20MAYORSHAUGHNESSY: Mrs. Ames, I am going to 20 chairman of the committee that looks into that?
21 stop you right where you are.
21 MIMI AMES: Well, I teach kindergarten, so I
22 MIMI AMES: Uh-huh.
22 don't know how much time I would have. But I am --
23 MAYOR SHAUGHNESSY: I was quoted in the paper as
23 really would like very much for the City to look into it.
24 simply, you know, as they often do, they publish the 24 MAYOR SHAUGHNESSY: Thank you, Mrs. Ames.
25 beginning of what your sentence and not the end.
25 MIMI AMES: And I hope I wasn't out of order.
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76
1 And what I said was: We cannot consider 1 MAYOR SHAUGHNESSY: Oh, no, you're not.
2 emotional evidence in a quasi-judicial proceeding. It is 2 MIMI AMES: Thank you.
3 against the law. So please do not give us emotional 3 MAYOR SHAUGHNESSY: You're still talking, so
4 evidence, since we may not -- 4 you're still in order.
5 MIMI AMES: Right. 5 I have heard informal discussion and I've heard
6 MAYOR SHAUGHNESSY: -- use it as our basis. 6 other people asking how about the possibility of
7 Point number two, the Public Hearing for the 7 purchasing it.
8 D.R.I. was last week, two weeks ago. It was continued 8 MIMI AMES: We could do a lot of nice things
9 for the sole reason that we did not have at that time the 9 with it.
10 recommendation of the Community Development Board. 10 MAYOR SHAUGHNESSY: Thank you. Okay. The next
11 So that new piece of information, the 11 person to speak shall be Joseph Posch.
12 recommendation and the zoning that we did hear tonight, 12 JOE POSCH: Joe Posch, 142 Magnolia Street. I
13 is the only piece of information that is up for comment 13 have -- I'm back with my newspaper advertisement dated --
14 tonight. And can you confine, please, your remarks --14 the Beaches Leader, dated 5/11/98: Atlantic Boulevard
15 MIMI AMES: Well, no. I will not -- 15 bridge to get a second span.
16 MAYOR SHAUGHNESSY: -- to that?16 And I have a letter to you, Miss Mayor. During
17 MIMI AMES: -- because I don't know anything 17 the Commission meeting of April 27th, '98, Mr. Roth and
18 about all the legal technicalities. And I don't know 18 Mr. Wadman, the gambling ship's representatives, offered
19 anything about the rezoning. So I better not say 19 that they had extensively coordinated traffic control
20 anything else. 20 with the Florida Department of Transportation.
21 MAYOR SHAUGHNESSY: All right. 21 They commented that traffic was a nonissue. I
22 MIMI AMES: I do -- you know, I had a few 22 hereby request the Mayor direct a responsible person to
23 questions. But I don't even know if I'm supposed to ask. 23 contact Florida Department of Transportation to determine
24 MAYOR SHAUGHNESSY: We'll be glad to hear your 24 the correctness of the attached newspaper article dated
25 questions. We can't answer them, but we'll be glad to 25 May 1st, 1998.
77 79
1 The article indicates a new span is to be
1 I just wanted -- and I know that this is a big
2 constructed along the north side of the existing Atlantic
2 issue. And --
3 Boulevard bridge. 3 MAYOR SHAUGHNESSY: Your name, please.
4 In my opinion, if a new bridge is to be
4 ANDREA PENNELL: I'm sorry. Andrea Pennell, 579
5 constructed, it would be constructed in the footprint
5 Aquatic Drive.
6 alignment of the 1958 span. 6 But it's a big issue. And it's up to each of
7 If correct, the access to Johnston Island would,
7 you to look into yourself and figure out what you think
8 at best, be affected and may well be totally eliminated.
8 is right.
9 I urge the City of Atlantic Beach commissioners to assure
9 Johnston Island has been not -- it's not been a
10 that these new traffic and safety matters be considered.
10 great development. It was sort of a make-out point when
includes a proper presentation of the11This 11 I was growing up, in high school. I don't see the
12 highway construction that would affect access and egress,
12 conservation there. It would be more of a restoration,
13 including parking, to Johnston Island. 13 to most of it.
14 I cannot recall that the applicants made any 14 I don't think a boat that has 600 people, no
15 mention of a new span, which would directly interfere
15 matter what they're doing on the boat, is an awful thing
16 with access to Johnston Island. And I thank you. 1 16 to see.
17 MAYOR SHAUGHNESSY: Thank you, Mr. Posch. Next 17 When you come into our city, you have to go past
18 is Mr. J. P. Marchioli. 18 a tattoo parlor, and the marina, and the shipyard. And
19 J. P. MARCHIOLI: Okay. I have a question, a
19 then you get to Atlantic Beach, and you've got the
20 big one. J. P. Marchioli, 414 Sherry Drive.
20 package store, then the bar, and the topless bar.
21 It's about the -- we've heard a lot of comment
21 So I don't see the character that it's hurting,
22 about the huge impact the ship's going to make on the
22 if it's a company that will be regulated and watched over
23 traffic on Atlantic Boulevard. 23 by you, obviously, very closely, and by the City. It
24 And I have lived here since 1971. And you could
24 sounds like everybody watches them.
25 drive from here to downtown in twenty minutes. Now, we
25 I don't see the horribleness of it. I
78 80
1 have hundreds of homes on the north side of Atlantic
1 understand that the people who back up to the
2 Boulevard, in the City of Jacksonville, hundreds of
2 Intracoastal have a problem with a big boat going by.
3 apartments on the south side of Atlantic Boulevard. 3 But I have a problem with the buses and the
4 And I would like to know what's going to be done
4 trash trucks going past my house. And it's a public
5 or how we're going to cope with the traffic impact, when
5 waterway, or a public road.
6 you have cars backing up from San Pablo to the top of the
6 And, if it brings good-paying jobs into the
7 bridge, and people rearranging those cars when they're
7 area, and it doesn't cut down any of our trees, and it
8 trying to go downtown. 8 doesn't add to our drainage problem, I think it's turned
9 I don't understand. We have a huge traffic
9 into more of a moral issue than a fiscal issue.
10 problem existing caused by the development on Atlantic
10 And I think it's a fiscal issue, because I have
11 Boulevard. I'm talking about commercial and residential
11 to drive out of Atlantic Beach every day to go to a job
12 development. Huge impact.12 that pays decent. So I get to go past the topless bar
13 This little ship over there is going to be a
13 every day.
14 drop in the bucket as far as traffic is concerned, as far
14 So I just want to say that I understand it's
15 as I'm concerned. 15 emotional. But, if a bar or a restaurant were there,
16 And I'd just like y'all to know that I'm
16 you'd have the same number of cars.
17 concerned about our traffic problem in the area, period.
17 So I think people are picking on little parts of
18 Okay. Thank you. 18 it to make it worse than it possibly is. And it's just
19 MAYOR SHAUGHNESSY: Thank you, Mr. Marchioli.
19 been sitting there for years, and now, suddenly, it's the
20 The next speaker shall be Christopher Anderson. Did he
20 beacon of beautifulness of Atlantic Beach.
21 go home? He left. Okay. I wish I could go home. All
21 And I guess -- and I know that you all believe
22 right. Andrea Pennell. 22 what you think is true. I just wanted to make it known
23 ANDREA PENNELL: Good evening. I've finally 23 that Atlantic Beach is not San Pablo Road to the ocean.
24 done something longer than J. P. I've been here since
24 It's also Mayport Road and Atlantic Boulevard.
25 1968.25 And it is a developed city. And that pays the
81
83
1 taxes so that we can keep the nice parts nice. So that's
1 they do, it isn't going to get them what they want.
2 all I'd like to say.
2 MAYOR SHAUGHNESSY: Thank you, Mr. Rabassa.
3 MAYOR SHAUGHNESSY: Thank you, Andrea. Victoria
3 Mrs. Woods.
4 Shouvlin. Have I said it right? (No response) Christy 4 CAROLYN WOODS: Carolyn Woods, 303 Sixth Street,
5 Brooks, did you wish to speak on this one? (No response)
5 Atlantic Beach.
6 Is there anyone else who would like to speak to
6 I have a lot of questions about this issue.
7 the zoning portion? Mr. Rabassa, come forward.
7 We've all talked about how complex it is. And I have
8 ALBERT RABASSA: Albert Rabassa, 1820 Live Oak
8 gotten on the phone and made some phone calls.
9 Lane.
9 And one of the persons that I spoke to was Mr.
10 I guess I'm a little bit confused about the
10 Huey Hawkins, who is with the Florida Department of
11 proceedings. My wife feels that I'm confused most of the
11 Transportation. He is the District II director, which is
12 time.
12 the district we're in.
13 It's my understanding, after you had your roll-
13 And I asked him some of these questions that
14 call vote, one was defeated, that it would be commercial.
14 D.O.T. has been interested in, particularly in Johnston
15 And then your motion, which makes it O.R., Open Rural,
15 Island, for mitigation for some of the development they
16 was passed by all the commissioners.
16 want to do, putting in a bridge, or whatever they're
17 And I understand, from the City Attorney, that
17 doing.
18 that opens up the new dialogue, and we're going to have
18 And, as it pertains to zoning, I asked him, ^I
19 new Public Hearings. And everybody who is opposed to
19 understand D.O.T. had conversations with the owners and
20 O.R. would have their chance then to speak up, that they 20 had negotiated4 prices." And I'm not even going to
21 do not want O.R. for Johnston Island --
21
elaborate what they were, because they were vaguely put
22 MAYOR SHAUGHNESSY: That's correct.
22 to me.
23 ALBERT RABASSA: Hold on, hold on.
23 But, basically, I asked him, if the zoning was
24 going by the way the meeting went tonight.
24 changed to Open Rural, does that affect his purchase
25 And I guess, if that's the case, in thirty days or two
25 price. And his basic answer was that, at the time they
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84
1 weeks, you have open hearings, it's -- I'm assuming --
1 started the negotiations, the property was on the market.
2 and I may be wrong -- that, if it is classified zoning as
2 They offered fair market value at that time, when it was
3 O.R., that would really exclude the gambling ship.
3 zoned commercial.
4 Now, maybe I'm making a leap that's too far.
4 And it was just today that I asked him this
5 But Open Rural and a gambling ship I don't think would
5 particular question. And he said that, when they get
6 fit into that designation of the zoning.
6 into these negotiations, they look at the potential value
7 And assuming that the commissioners, when they
7 of the land.
8 hear the Public Hearing about O.R., would not change
8 And I asked him, ^If this is zoned O.R., does
9 their votes, because they voted for it tonight.
9 that change the value?"
10 I guess I'm feeling a little mercy for the
10 And he said no, because the potential could be
11 people of C. B. Universal, why we drag them through any
11 that, at some point, it could be changed back to
12 more agony if, in fact, all you commissioners voted
12 Commercial General. So that's what they look at.
13 tonight for O.R., which precludes them from having a
13 And so I kind of think that, to me, is the best
14 zoning that they could put their cruise ship in.
14 use of this land, is for it to be mitigated, the access
15 And I think what we're hearing now is what I
15 roads taken out, the island cleaned up and it returned
16 would say, kind of beating a dead horse. If it's going
16 back to its natural state.
17 to be O.R., then I don't know why any commissioner would
17 And I just wanted to put those thoughts out in
18 want to change his vote.
18 the open, that we are not condemning this property,
19 We seem to be going forward and forward about
19 taking all its value away from the people, and that it is
20 the emotional issues, people who don't want the gambling
20 still an option. And the D.O.T. would love to continue
21 ship. But I think it's a moot question now, because you
21 those discussions, Open Rural or any other zoning
22 all just voted for O.R.
22 classification.
23 And I guess I don't understand, if we -- I
23 MAYOR SHAUGHNESSY: Thank you, Mrs. Woods.
24 wouldn't want to put any more pressure on C. B. Universal
24 Anybody else? Mr. Phillips.
25 if, in fact, it's a fait accompli and, no matter what
25 DON PHILLIPS: Don Phillips, 1566 Park Terrace
85 87
1 West. 1 PAUL HARDEN: Tonight?
2 I was here the last time, when the C. B.
2 MAYOR SHAUGHNESSY: Yes.
3 Universal was giving their -- and they said all of the
3 PAUL HARDEN: Okay. After everyone else has
4 questions -- I had a question that was just curious to me 4 finished, you're going to let me talk?
5 that, in selecting this particular location, in my mind, S MAYOR SHAUGHNESSY: Or you can speak now as a
6 I was just wondering, what other locations were
6 citizen, whichever you like. I mean, you can have both,
7 considered? 7 if you want.
8 I heard Mr. Meserve and Mr. Borno talk about the 8 PAUL HARDEN: I'll wait until the end. And
9 navigation problems, and anchorage problems, and things 9 thank you.
10 of this nature. 10 MAYOR SHAUGHNESSY: All right. Okay. Anyone
11 It just seems like there must be a better place 11 further? (No response) Does Neptune Beach have
12 for this ship to go. And I didn't hear any other 12 something to say about the zoning? (No response) Well,
13 alternatives that were presented. And I was wondering if 13 why did you all come here?
14 there were other alternatives. That's all I want to 14 MAYOR VAUGHN: Well, we kind of lumped ours all
15 know.15 into one, and I'm kind of afraid to address one issue
16 MAYOR SHAUGHNESSY: Thank you, Mr. Phillips. Is 16 before we get into the other. We kind of threw a broad
17 there anybody else? Yes. 17 blanket over it.
18 MARY GALLATI: Mary Gallati, 469 Pablo Point 18 So, whenever you would like for us to make our
19 Drive, Jacksonville. 19 presentation, I'll be glad to.
20 I spoke at your meeting two weeks ago. I just 20 MAYOR SHAUGHNESSY: And this would be with
21 want to reiterate that I'd like all of my information 21 regard to the zoning on the -- this is the D.R.I., this
22 that I presented to you to be put in today's record. 22 is the Development of Regional Impact?
23 And I have a petition signed by the people who 23 MAYOR VAUGHN: Well, it's our opposition to
24 live adjacent to the marsh. That is affected by the 24 whatever is going on there.
25 water wash and et cetera. 25 MAYOR SHAUGHNESSY: Okay. You have three
86 88
1 And I'd like to get this in the record, also, 1 minutes, Mayor Vaughn --
2 signatures of all the people who live on the marsh side.
2 MAYOR VAUGHN: Okay.
3 Is that a possibility? Not just opposing the D.R.I. 3 MAYOR SHAUGHNESSY: -- if you would like to
4 MAYOR SHAUGHNESSY: If it does not pertain to 4 speak.
5 zoning, then it should have been turned in two weeks ago.
5 MAYOR VAUGHN: Thank you.
6 I can't seem to get this point across. 6 MAYOR SHAUGHNESSY: Did I see Councilman
7 MARY GALLATI: Okay. That's fine. 7 Tankersley?
8 MAYOR SHAUGHNESSY: Is there anyone else, or did 8 COUNCILMAN TANKERSLEY: Yes.
9 I scare everybody away? Mr. Harden, you may speak if you 9 MAYOR SHAUGHNESSY: Would you stand, please?
10 like. But you will have other opportunities, according 10 Everyone else got a hand, you might as well, too.
11 to our procedures. But you're more than welcome to your
11 (Applause)
12 three minutes, if you like. 12 MAYOR VAUGHN: Mayor Shaughnessy, Commissioners,
13 PAUL HARDEN: Ma'am, I can't figure out your
13 members of staff, ladies and gentlemen, on behalf of
14 procedure. And I apologize. So, if you will tell me
14 Vice-Mayor Tankersley and Councilor Jones, who have
15 when you want me to speak, I'll be glad to do it. 15 joined me here tonight, we come before this Commission
16 I think the appropriate procedure was me to go 16 this evening representing your municipal neighbor to the
17 first, but I -- according to the statute -- but are you 17 south, the City of Neptune Beach.
18 saying I go last? Or is that what the -- 18 We have heard compelling arguments supporting
19 MAYOR SHAUGHNESSY: No. If you had listened,
19 both sides of this issue and understand the difficult
20 and I think I just did tell you that you will have other
20 decision now before this Commission.
21 opportunities to speak on your own, as representing the 21 I listened earlier as you, Mayor Shaughnessy,
22 applicant. You do not have to speak during the Public 22 made reference to the home rule-powers of your
23 Hearing unless you would like. 23 Commission, and hope this power is used to represent the
24 You have a chance to present, and you have a 24 will of the people you govern.
25 chance to rebut. 25 I stand before this Commission this evening due
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1 to the concern of many residents of our community and the 1 1. The City of Neptune Beach does not support
2 City of Neptune Beach, and to relate those concerns to 2 any amendment to any Comprehensive Land Use Plan,
3 you as the position of the City Council of Neptune Beach. 3 changes in zoning or changes in the future land use
4 we have not studied the myriad of zoning, 4 management that would permit gambling boats to
5 technical, land use or legal issues to be considered in 5 operate in the Beaches communities.
6 your decision in making this choice.
6 2. The City of Neptune Beach respectfully
7 We respectfully trust you in the decision you 7 requests that the City of Atlantic Beach deny the
8 will ultimately make. With that, I submit to you tonight 8 establishment of a casino boat on Johnston Island or
9 Resolution Number 98-36, dated May 4, 1998, of the 9 anywhere else in our Beaches communities.
10 Neptune Beach City Council, for your consideration.
10 This resolution was adopted in our regular
11 A resolution establishing a position on the 11 council meeting on May 4, 1998, and we submit it for your
12 proposed gambling boat to dock at Johnston Island in 12 consideration. Thank you.
13 Atlantic Beach:
13 MAYOR SHAUGHNESSY: Thank you, Mayor Vaughn.
14 WHEREAS, the citizens of Neptune Beach are
14 (Comments off microphone) Councilman Tankersley.
15 concerned about potential development of a gambling- 15 COUNCILMAN TANKERSLEY: Good evening. My name
16 boat facility on Johnston Island or anywhere else in 16 is Tom Tankersley. I reside at 1038 Kings Road, Neptune
17 our Beaches community; and,
17 Beach.
18 WHEREAS, said gambling boat circumvents state
18 I'm here as a citizen tonight. I heard some
19 law prohibiting the gambling industry from legalized 19 very, very strong encouraging words tonight. And I
20 status; and,
20 attended the last meeting. And so I'm going to relate my
21 WHEREAS, gambling boats do not provide an 21 comments to what I heard tonight.
22 economic benefit to the local communities; and, 22 Neptune Beach is a residential community very
23 WHEREAS, according to the Executive Office of 23 much like Atlantic Beach. And our council had decided to
24 the Governor, Office of Planning and Budgeting, in
24 meet with y'all this Wednesday, because we feel like we
25 Tallahassee, Florida, independent restaurants have 25 have a lot of things in common.
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1 difficulty competing with those restaurants in 1 And we preserve the right of having a
2 casinos; and, 2 residential community that's keeping low commercial
3 WHEREAS, according to the Executive Office of 3 businesses in our community. And we kind of feel that's
4 the Governor, Office of Planning and Budgeting, 4 the way Atlantic Beach has been. And I kind of heard
5 Tallahassee, Florida, navigable-river boats 5 that tonight, too.
6 represent significant regulatory problems unique 6 So I hope, inp your decision tonight, about
7 from other casinos such as waste disposal, security 7 anything like a gambling boat or anything like that,
8 and route regulation, complications of admiralty, of 8 we're talking about businesses that will be supported by
9 admiralty law, may also reduce local government 9 our residents.
10 regulatory abilities; and, 10 We're not looking at tourism. We're looking at
11 WHEREAS, according to the Executive Office of 11 keeping our beaches here, Atlantic and Neptune Beach --
12 the Governor, Office of Planning and Budgeting, 12 we hope Atlantic Beach feels the same way -- as
13 Tallahassee, Florida, certain local government 13 residential.
14 jurisdictions may experience lost revenues upon the 14 We don't need the tourists. We just want to
15 legalization of casino gambling, reduced half-cent 15 have our citizens happy in the place they live.
16 sales tax distributions, changes in local-option 16 MAYOR SHAUGHNESSY: Thank you, Councilman. Is
17 sales tax receipts, and decreased property values 17 there anyone else, before I close the Public Hearing?
18 may result from the opening of casinos in nearby 18 (No response)
19 counties; and,19 All right. Then I call the Public Hearing is
20 WHEREAS, automobile traffic both to and from 20 hereby closed. (Rapping of gavel)
21 Johnston Island will have a negative impact on the 21 The procedure here I'm following, the next
22 quality of life for residents in the Beaches 22 segment of the procedure would be that staff and then the
23 communities; 23 applicant would have an opportunity to present any
24 NOW, THEREFORE, BE IT RESOLVED by the City 24 rebuttal evidence to anything that was said.
25 Council of the City of Neptune Beach: 25 I call forward Mr. George Worley.
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951GEORGEWORLEY: Good evening. I have just a
1 circumstances. And I will defer to you and answer any2
comment to make regarding the issue or process that we're 2 questions, if you have questions, regarding any issues3followingas --
3 that came up tonight.4 MAYOR SHAUGHNESSY: Excuse me one moment.
4 MAYOR SHAUGHNESSY: Okay. We may wish to do5GEORGEWORLEY: Certainly.
5 that at little bit later in the process. At this time, I6MAYORSHAUGHNESSY: As a point of order, you
6 would like to give Mr. Harden an opportunity to speak on7weresworninlasttime. Does he need to be resworn?
7 behalf of the applicant. (Comments off microphone)8 CITY ATTORNEY JENSEN: Or reminded of his oath.
8 Mr. Harden.
9 MAYOR SHAUGHNESSY: May I please remind you that 9 PAUL HARDEN: Ma'am?10 you are still under oath --
10 MAYOR SHAUGHNESSY: May I ask to have the City11GEORGEWORLEY: Thank you.
11 Clerk swear you in?
12 MAYOR SHAUGHNESSY: -- from the meeting from the
12 PAUL HARDEN: I'll be happy to do that, although1327th.
13 I noticed that no one else was sworn in. But I promise14GEORGEWORLEY: Thank you. The staff
14 you, I'll tell you the truth.15
recommendations that were submitted to you at the Public
15 MAYOR SHAUGHNESSY: Well, they were sworn in --16 Hearing on the 27th were a reflection of the
16 UNIDENTIFIED SPEAKER: That's because you missed17recommendationsoftheNortheastFloridaRegional
17 the last meeting.
18 Planning Council and staff's review of our Comprehensive
18 MAYOR SHAUGHNESSY: -- Mr. Harden, they were19Planandzoningcodesasweinterpretedthemtobeat
19 sworn in at the meeting --20 that time, which was a commercial-type designation for
20 PAUL HARDEN: I'll be happy to do it, ma'am.21 the property.
21 MAYOR SHAUGHNESSY: -- on the 27th. You are, in22
My understanding now is that, because of your 22 addition to the people who --
23 recommendation to rezone the property to O.R., the land 23 PAUL HARDEN: I.11 be happy to.24 use designation that we need to consider for this
24 MAYOR SHAUGHNESSY: I hope so.
25 determination would be our conservation designation,25 CITY CLERK KING: Do you swear that the evidence
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1 which is the Comp Plan equivalent to O.R.; is that
96
1 that you will give before these proceedings is the truth,2 correct?
2 the whole truth?
3 MAYOR SHAUGHNESSY: Are you asking me the
3 PAUL HARDEN: Yes, ma'am. Madam Chairman, I•d4question?
4 like to place into evidence -- and I am just going to5GEORGEWORLEY: Just for clarification, I want
5 stack all this here, and I'll hand it to you in a minute,6 to make sure that I continue with the correct
6 if you don't mind, ma'am -- the report of the Northeast7information. That was the information, I believe, that
7 Florida Regional Planning Council on the Development of8Mr. Jensen gave.
8 Regional Impact assessment report for the C. B. Universal9MAYORSHAUGHNESSY: This is your opportunity to
9 day cruise.10 present rebuttal evidence.
10 Also, I would like to place into evidence the11GEORGEWORLEY: Okay. Given the consideration
11 April 23rd, 1998, report of Mr. Worley, your Community12thatourconservationdistrictdoesnotpermitOpen
12 Development Director.
13 Rural, or the equivalent to Open Rural, does not permit
13 I would also like to place into evidence three14commercialoperations, the proposal, as submitted, would
14 letters, that I have previously placed into evidence,15 not be a permitted use under our conservation district
15 with regard to the zoning, an April -- excuse me --16 and would not be in compliance with the Comprehensive
16 September 4th, 1997, letter from Mr. Worley, who found17Plan. That is the designation that we need to review it
17 that the Comprehensive Plan of Atlantic Beach allowed18under.
18 this use at this location, under the D.R.I., and nothing19Thestaffreporttoyoulastmeetingconsidered
19 has changed since then.
20 a commercial designation and, therefore, our
20 Despite your intention to vote thirty days from21recommendationwastoadopttheNortheastFlorida
21 now, you can't vote until you hear all the evidence.22 Regional Planning Council's recommendation for conditions
22 Although, even I can count.23 of approval that would bring it into compliance with the
23 The October 6th, 1997, letter of Mr. Worley,24 codes.
24 also finding the project to be in compliance with the25That's somewhat out the window under the current
25 Comprehensive Plan of Atlantic Beach, having reviewed
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991that, and a March 30th, 1998, letter from Mr. Worley
1 The Northeast Florida Regional Planning Council2findingagain, for a third time, that the cruise-ship 2 has done a very detailed assessment, I might add, with3proposalintheD.R.I. was consistent with the
3 regard to that matter. They have recommended that you
4 Comprehensive Plan of Atlantic Beach.
4 approve the development order granting that right.
5 And I would like those placed into evidence,
5 They have proposed conditions. Mr. Worley has6MadamChairman.
6 reviewed those conditions in his report. His report adds
7 MAYOR SHAUGHNESSY: Yes. May I have them,
7 in those same conditions and others. We understand those
8 please.
8 conditions. They will be conditions of a development9PAULHARDEN: Sure.
9 order that will bind us and bind you.
10 MAYOR SHAUGHNESSY: Sorry you have to walk
10 The process that we are dealing with tonight
11 around.
11 leads to only one document, that is the development
12 PAUL HARDEN: I've walked further than this
12 order. Whether or not you agree that you want to
13 today.
13 downzone at a later date, which I've heard all of you say14MAYORSHAUGHNESSY: Thank you, Mr. Harden.
14 that you are going to do, no matter what the evidence is,
15 PAUL HARDEN: The issue that you have before you
15 thirty days from now, and there's nothing we can do about
16 now is strictly a land-use issue. You've heard a lot of
16 that at this point other than deal with your denial of
17 information, just most recently by a politician next
17 our C.G. zoning.
18 door, telling you of their opposition to the proposal.
18 But, on the other hand, we are entitled to a
19 You, however, are not allowed, as quasi-judicial
19 development order. We would ask you to provide that
20 officers, to deal with the issue other than based on
20 development order to us, provide it to us timely.
21 competent and substantial evidence.
21 If you want to add in the recommendations of the
22 A development order, which is what we're asking 22 Northeast Florida Regional Planning Council, that's why23youtogiveustoday, and which you are required by 23 they sent it to the Regional Planning Council. Chapter
24 Chapter 380 of the Florida Statutes to give us within
24 380 has that process set forth.
25 thirty days of your first Public Hearing, requires that 25 You file the application for a D.R.I. You have
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1 you base that development order only on competent and 1 an assessment review by the Department, by the Regional
2 substantial evidence.
2 Planning Council. Your staff then makes a review.
3 The only competent and substantial evidence that 3 No one has recommended anything other than
4 you have before you are the three documents that I've 4 approval of the development order, based on competent and
5 just provided to you.
5 substantial evidence. And you have no evidence before
6 Competent and substantial evidence is 6 you otherwise. Thank you, Madam Chairman. I'll be happy
7 information from the Department of -- excuse me -- the 7 to answer any questions.
8 Northeast Florida Regional Planning Council, from your 8 MAYOR SHAUGHNESSY: Well, my statements, as you
9 own staff, and, despite his statements tonight, Mr. 9 know -- I know that this is your first trip before our
10 Worley's three letters, which I will tell you, my clients 10 Commission. But, out here, we try to be people who serve
11 have relied on, and they have relied, obviously to their 11 the public, public servants, and not politicians.
12 detriment, spending literally hundreds of thousands of 12 Androbablp y your comment to Mayor Vaughn was
13 dollars, taking the word of your City that, after looking 13 just slightly offensive.
14 at your Comprehensive Plan, that their proposal was in 14 PAUL HARDEN: I did not intend -- I do not think
15 compliance with that Comprehensive Plan.
15 of a politician as a pejorative term. That's how I make
16 Again, I know how to count as well as anybody.16 my living.
17 I'm not going to belabor the issue. But I beseech you to 17
And although, ma'am, it is my first trip out
18 use your role as a quasi-judicial officer, in considering 18 here since you've been mayor, I represented Atlantic
19 this development order, do not consider matters which are 19 Beach a long time ago. So it's not my first trip out
20 not competent and substantial, to deal with the issues 20 here. It's not my first hearing with regard to zoning.
21 only as a land-use issue.
21 All I'm trying to do is point out to you that I
22 Gambling is illegal in the state of Florida. 22 believe that there are certain items that you should
23 The consideration that you have before you todayis 23 consider. And I apologize to Mayor Vaughn if he took the
24 whether or not to allow the docking of a water craft at 24 term "politician" to be a pejorative term. That was not
25 the Johnston Island location. 25 my intention.
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1031MAYORSHAUGHNESSY: My comment was not with 1 and, on the other hand, I just feel like -- I don't know2regardtoyourcontent, it was simply with regard to your 2 if it was by intent or by accident, but I think it was3remark.
3 approached backwards from the beginning.
4 PAUL HARDEN: And I was apologizing, I said, if 4 And, if you approach something backwards, then
5 he took it to be a pejorative term.
5 you will spend a lot of moneybefore you get to the point6MAYORSHAUGHNESSY: Well, that -- 6 of knowing just where you stand.
7 PAUL HARDEN: I do not personally -- 7 So no questions, really, at this point, as much
8 MAYOR SHAUGHNESSY: -- on the -
I 8 as just a general statement of my feeling.
9 PAUL HARDEN: -- ma'am --
9 MAYOR SHAUGHNESSY: Thank you, Mr. Mitchelson.
10 MAYOR SHAUGHNESSY: All right. Thank you. Next 10 Excuse me one minute, please. (Pause)
11 on the -- next item on the agenda -- the next step shall 11 COMMISSIONER MESERVE: I do have a question.
12 be questions from the Commission. Do the commissioners 12 MAYOR SHAUGHNESSY: Okay. Please.
13 have any questions? Do you have any questions? 13 COMMISSIONER MESERVE: Through the Chair, to our
14 COMMISSIONER MESERVE: I'll save it. 14 City Attorney.
15 MAYOR SHAUGHNESSY: Mr. Beaver, do you have some 15 MAYOR SHAUGHNESSY: Yes.
16 questions at this point in time? 16 COMMISSIONER MESERVE: We have made an initial17COMMISSIONERBEAVER: Not at this point. I'd 17 ruling on zoning. Are we -- I don't know what our -- we
18 like to reserve until later.
18 have to make a determination on the D.R.I. based on legal
19 MAYOR SHAUGHNESSY: All right. Mr. Borno. 19 findings.
20 COMMISSIONER BORNO: Yes, I do have some 20 And I am not uncertain as to what I can consider
21 questions.
21 or not consider. If I understood Mr. Worley correctly,22 MAYOR SHAUGHNESSY: Okay. 22 if we have made a determination to rezone that property,23 COMMISSIONER BORNO: What was just said by Mr. 23 it would automatically exclude and not even allow us to
24 Harden, I'm led to believe that I have to deal with 24 make an exception to allow that type of business to go
25 anything that has been presented to me by another agency, 25 there.
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1 and I take exception to that. 1 Is there any further discussion required at this
2 That means we are not able to think for 2 point, or do we have our answer? And that is that the
3 ourselves or to turn around and deal with some of the 3 the D.R.I., based on the decision made earlier, must be
4 things that we had talked about at the last meeting in 4 turned down? I need a legal opinion on that, because I
5 the open Public Hearing. 5 don't know.
6 So I'm not confused. I think I know where I'm 6 I have no idea right now what I would make an
7 at. I'm wondering if other people are confused.7 opinion on based on what is evidence. Obviously, the
8 MAYOR SHAUGHNESSY: Thank you, Mr. Borno. Mr. 8 people who say, "I'm against gambling, and I don't want
9 Mitchelson? 9 the noise," that is -- that is not evidence, in the
10 COMMISSIONER MITCHELSON: Being a business owner 10 classic sense, that can even be considered in a ruling.
11 myself, I can certainly empathize with the owners of 11 I mean, you can hear the emotion of people.
12 C. B. Universal having spent large sums of money in the 12 What is -- do we have any options at this point other
13 furtherance of their projects. 13 than to deny the D.R.I.?
14 But, at the same time, I've gotten the feeling 14 CITY ATTORNEY JENSEN: You have to consider all
15 that a whole lot of this has been the cart before the 15 the evidence that has been presented by the applicants
16 horse from the very beginning. 16 and by city staff. That is competent and substantial
17 I mean, I personally can't imagine trying to 17 evidence. Okay.
18 conduct a marine operation without having already gone 18 When we started this process, and even before we
19 through some of the other issues, first regarding the 19 started this process, we had discussions and meetings
20 vessel and the Coast Guard and things of that nature. 20 about quasi-judicial proceedings, and that the purpose of
21 And I understand that those types of things that 21 those proceedings, as developed by the Snyder decision,
22 are spoken to have not been, really, hurdles that have 22 from the Florida Supreme Court, is to base your decisions
23 been jumped.23 on these type of matters on competent and substantial
24 And so, on the one hand, I do empathize with 24 evidence and not upon who can get the most people here
25 having spent a lot of money in moving the thing along;25 and make it a popularity contest. Okay.
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1 Now, the report and recommendation from the
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1 cart's behind the horse here.
2 Community Development Board included statements from Mr.
2 Crew qualifications, I'll accept the verbal that
3 Frohwein that, if this property is zoned O.R., or if the
3 they're going to be trained and licensed. I'm not going
4 D.R.I. is proposed, they can still apply for a P.U.D.
4 to pick on that one.
5 And that is going to require a variance, because of the
5 Wind and current effect, they missed the whole
6 seven-acre requirement for a P.U.D.
6 intent of the question. And the question was related, if
7 And, as the Commission knows -- I just want to
7 the vessel loses power, what is going to happen to it?
8 remind you of this -- any variance does not come before
8 So the answer, to me, is of no value.
9 the City Commission. A variance is determined with
9 The anchor chain, they do explain. They didn't
10 finality at the Community Development Board level.
10 address what the bottom was like anywhere in the channel.
11 So the O.R. zoning that is intended to be put on
11 And I asked specifically what type of bottom. They said
12 this property does not completely exclude the proposed
12 they had all that information. I haven't seen that.
13 use under the D.R.I.
13 The water depth, we talked about, on the east
14 COMMISSIONER MESERVE: Okay. The last question
14 side of the island. And, again, verbally, I am given an
15 I have right now is: We defend the Community Development
15 answer it's 30 to 35 feet where it's going to be, and
16 Board's actions in any litigation in the future?
16 approximately 25 feet in the turnaround area.
17 MAYOR SHAUGHNESSY: That's a question?
17 And the reason I wanted to see all these charts
18 COMMISSIONER MESERVE: That's a question, a
18 and everything is, I know the channel is 125 feet. But
19 legal question.
19 you've got the east passage. And I want to see, to
20 CITY ATTORNEY JENSEN: The City does, sure.
20 scale, what that distance is.
21 COMMISSIONER MESERVE: The City does. Thank
21 Because, again, I am looking at safety and what
22 you.
22 it does to the people on it, what it does if we have an
23 MAYOR SHAUGHNESSY: This is the last opportunity
23 accident, how do we respond to it, what the tasking is
24 for the Commission to request the applicant to respond to
24 going to be against city facilities, police and fire and
25 final staff recommendations, if you so desire.
25 rescue, and other agencies that would have to be called.
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1 Commissioner Borno.
1 The mooring plan, I turned around and looked at
2 COMMISSIONER BORNO: Going back to the final
2 the application andpp got more information than I had given
3 staff recommendations, and also the answers that were
3 to me. And the application indicated there were five
4 provided from the sheet from the last meeting, some of
4 three-piling clusters.
5 the issues that I brought up and: Is the channel wide
5 Yet, again, nobody has addressed what these
6 enough to accommodate the vessel? And I get an answer:
6 clusters have the capability of holding against current,
7 Yes.
7 against tonnage, against line pull of engines, and their
8 And I had asked, at that time, I would like to
8 usage. Theythere for a9areput purpose. They've got to
9 see the charts and everything that said -- that was being 9 have some designation of what their capabilities are.
10 held. I haven't seen them provided anyplace, and they
10 And, again, I went further than that. And I
11 haven't been provided with the application.
11 turned around and took the time to inquire about what are
12 So I've got a verbal answer. I don't have
12 the restrictions, if any, to the vessel proceeding into
13 visual evidence, as I would look at it, that I would want
13 and out of Pablo Creek.
14 to see.
14 And I'm reading out of the pilot's guide for the
15 The fueling boom is at Coast Guard regulations.
15 Saint Johns River pilots. And, when proceeding into and
16 And that opens up the question that, in the last hearing,
16 out of Pablo Creek -- and I don't have my glasses; I
17 it was said that the Coast Guard had reviewed and had no
17 forgot them.
18 problems, to the best of my knowledge, was the way it was
18 MAYOR SHAUGHNESSY: Do you want mine?
19 phrased, or whatever.
19 COMMISSIONER BORNO: Passage through the
20 Yet, again, I've got another piece of paper that
20 entrance of Pablo Creek is difficult at some stages of
21 says the Coast Guard was contacted by the Community
21 the current cycle. Unless it is certain that the vessel
22 Development Officer, and the Coast Guard does not --
22 in question can be safely operated through the entrance
23 downtown at the district, which has to make the decision
23 without regard to the state of the current, then the
24 for any and all review -- has not been contacted.
24 vessel's passage through this area should be made at
25 So I wonder where I'm at. Again, I think the
25 slack water. Deeper-draft vessels should transit this
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1 area in high-water slack.
111
1 the above formula. In shallow water the sinkage equals S
2 In our discussion last week, when we were
2 times 2.
3 talking with the applicants, I asked what the draft of
3 There is a practical limit to the speed at which
4 the vessel was. The operating draft is fifteen feet.
4 a ship can proceed up the channel. The limit is reached
5 They acknowledged verbally -- and I haven't seen
5 when the water is flowing at relatively high velocities.
6 on the charts -- there are areas that are eighteen feet
6 The ship becomes difficult to steer, experiences heavy
7 in depth through that canal, through the channel,
7 vibrations through the outer hull, and generates a much
8 Intracoastal Waterway, which belongs to everybody.
8 greater weight pattern astern.
9 So, again, I took the time to look up -- if
9 The previously discussed curve and submerged
10 you'd really like to go into it -- but I can explain to
10 cross-sectional areas is, therefore, also helpful in
11 you what squat effect is, which is what I was talking
11 predicting squat by the head or stern.
12 about, the displacement of a vessel. I 12 If the curve reaches its highest point at a more
13 John down there is smiling, because you know
13 forward station, the ship can be expected to trim by the
14 what squat is.
14 head.
15 COMMISSIONER MESERVE: I know what squat is.
15 Ships exist to carry cargo; and, by limiting
16 COMMISSIONER MZTCHE LSON: John doesn't know
16 speed to minimum squat, the ship can lift the maximum
17 squat.
17 possible dead weight.
18 COMMISSIONER BORNO: This is on the record,
18 That, in general, concise terms is what squat
19 Council.
19 is. When you take into effect that you've got fifteen
20 Squat. The ship begins to make way through
20 foot, using the formula, and you figure out squat, and
21 water, and she undergoes a change in beam draft known as
21 using a very reasonable coefficient of .7, when we use
22 sinkage. This change may occur equally forward and aft
22 the formula, in open water, it would be 2.3 feet astern.
23 or may be greater at the bow or the stern, the resulting 23 It's ten squat if she's loaded at the stern.
24 change in trim being called squat.
24 In shallow water, it's 4.6 feet. So, if I take
25 As the ship enters shallow water, hull water
25 a vessel that's drawing fifteen through the water, and I
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112
1 becomes increasingly restricted due to the reduced 1 turn around and use shallow-water squat calculations --
2 clearance both under and on one or both sides of the 2 and, by the way, this comes out of "Ship Handling in the
3 hull. 3 Channel," which is by McElry, who is a noted pilot in the
4 The degrees of restriction, or blockage factor, 4 Panama Canal. And you can't get any more restricted and
5 is dependent upon several variables: the speed of the 5 know what squat is than you do in the canal.
6 ship through the water, ratio of the ship's draft and the 6 So, if I add 4.6 feet in shallow water to 15
7 depth of water, ratio of the ship's cross-sectional area 7 feet, I've got 19.6 feet. If I've got shallow spots at
8 to the cross-sectional area of the canal, the ship's 8 18 feet, I'm aground.
9 block coefficient, the ship's displacement, for example, 9 I just don't understand what I'm being told.
10 the amount of water that must pass along the ship's hull 10 And I'm not beating up. These are just general, every-
11 at a given speed through water. 11 day things that are common to this.
12 Squat varies in proportion to the square of 12 None of this gets addressed in the application.
13 speed. If the ship's speed is doubled, squat increases 13 I took the time to read the application at great length.
14 by a factor of four. 14 And I find all kinds of pieces of information that were
15 The ratio of these two areas determines the area 15 as general or as little provided as could be possible to
16 through which the displaced water must flow. Obviously, 16 be able to complete a sentence in the application.
17 the less area available, the greater the velocity at 17 I don't feel that it was given its due work,
18 which the water must flow for a given ship's speed and 18 with trying to put forward the best amount of information
19 the greater result of pressure drop around the hull. 19 for consideration. And I could go into those. I don't
20 I can go into the formulas if you want. But 20 think you really would like for me to go into them in
21 I've sent work formulas out. Anybody is welcome to check 21 depth tonight. Thanks.
22 them with me. And I also have an expert here who can 22 MAYOR SHAUGHNESSY: Thank you, Commissioner
23 turn around and go through them, also. 23 Borno. Thank you, also, Mr. City Manager. Commissioneri
24 But sinkage in shallow water is computed by 24 Beaver.
25 doubling .he quantity S, which is the sinkage, found by 25 COMMISSIONER BEAVER: I would like to also
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1 address some concerns regarding the safety issue. As
1 referenced May 7th, we haven't seen the context of the
2 Commissioner Borno speaks about the safety of the
2 letter.
3 Intracoastal Waterway, I still have concerns regarding 3 MAYOR SHAUGHNESSY: Okay.
4 Atlantic Boulevard.
4 MR. WADMAN: We'll have to see what it's about.
5 We have been -- in the original application,
5 COMMISSIONER MESERVE: Well, it's the revised
6 there was not a lot of information addressed toward the
6 staff report, which was in our package, has been in our
7 acceleration and deceleration lanes of the people that
7 package. And it's the Community Development Director,
8 would be leaving the ship and heading westbound.8 Mr. Worley's report. And I think it's the latest
9 And then, at a later point, we were brought some
9 document that lists staff recommendations.
10 proposed plans that addressed this issue. But, to date,
10 Now, all those staff recommendations were made
11 I have not seen anything from the D.O.T. which says that 11 before the multitude of changes tonight. But it talks
12 this has been approved or something that they will put
12 about -- and I'd like to sort of, I think, in some way,
13 their blessing on.
13 answer Commissioner Beaver's thoughts about, for
14 Not only that, is that, after the new additional 14 instance, the traffic issue.
15 lane to the I.C. bridge is put on, how does -- how do
15 One of the recommendations of our staff was that
16 these proposed lanes affect that construction?
16 we -- that they recommended that we include in any kind
17 So, again, I think there are some issues that
17 of a recommendation for the D.R.I., if it was positive,
18 are not totally resolved in the original plan. And,
18 that that be taken care of, and whatever plans for
19 without having all those issues resolved, I think it's 19 traffic handling would have to be approved by Atlantic
20 difficult for us to make a sound decision on the plan
20 Beach, essentially, or words to that effect.
21 that we have in hand.
21 And so I think a lot of those, in a general kind
22 I mean, it's not that we can't make a decision
22 of way, those issues are addressed, because it gives the
23 on it. But there are still pieces of the puzzle that I'm
23 City of Atlantic Beach, through its staff, oversight on
24 not totally comfortable with.
24 plans that they make. And that's everything from island
25 So I'm not sure whether I can vote for this
25 cleanup to refueling, to hurricane plans, to disaster
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116
1 tonight without having some of these concerns addressed.
1 plans.
2 And so I guess, you know, a lot of what Commissioner
2 So I think a lot of those were covered. And, as
3 Borno said, I don't know if the plan is complete to a
3 a matter of fact, if you read the last caveat down there,
4 point that we can make a sound decision.
4 before you get to the attachments, it says that nothing
5 MAYOR SHAUGHNESSY: Okay.
5 in these recommendations or in the final development
6 COMMISSIONER BEAVER: Thank you.
6 order should be interpreted to exempt C. B. Universal
7 MAYOR SHAUGHNESSY: You're welcome. Thank you.
7 from fully complying with all other state, federal and
8 Commissioner Meserve.
8 City of Atlantic Beach laws, ordinances and regulations.
9 COMMISSIONER MESERVE: I would like to ask the
9 Any permitting required by other entities must be
10 applicant or his attorney whether they have received --
10 obtained prior to start of operations.
11 or maybe Mr. Worley can tell me -- in the staff report --
11 Now, it would seem to me, one of the legal
12 I assume that they got copies of everything; I don't know
12 rulings I got from an attorney back a number of weeks ago
13 -- that's dated May 7th, 1998, from Mr. Worley,
13 was that you can't give the D.R.I. and then legislate
14 concerning the Development of Regional Impact at Johnston
14 them out of existence by zoning law changes.
15 Island --
15 In other words, you can't -- you could not
16 PAUL HARDEN: No, sir.
16 approve a D.R.I. and six months from now zone the island
17 COMMISSIONER MESERVE: -- do you know whether
17 O.R. -- if we had not taken action now -- and say you've
18 you have that?
I 18 got to cease operations. I mean, that is a taking, or
19 PAUL HARDEN: No, sir, I don't have it.
19 damn close to it.
20 COMMISSIONER MESERVE: Mr. Worley, through the
20 MAYOR SHAUGHNESSY: You would be grandfathered
21 Chair, because it addresses recommendations and staff
21 if you changed the zoning after they --
22 recommendations, do they not have privy, I mean, at some
22 COMMISSIONER MESERVE: That's right. It
23 point, to all documents?
23 couldn't affect them. So I'm not quite sure, if we pass
24 MAYOR SHAUGHNESSY: They should have that one.
24 it on a D.R.I. tonight, I'm not sure if we can do that.
25 MR. WADMAN: We may have -- we -- when you
25 And one of my thoughts was we'd have to defer
117 119
1 this for two weeks. But I don't -- can we pass on a 1 I love the way you talk about it -- I am very concerned
2 D.R.I. tonight, when our zoning decision is not made? 2 that I don't understand the legal issues of the decision
3 MAYOR SHAUGHNESSY: We can vote the D.R.I. 3 at this point, given the fact of our change in the
4 tonight if it's not -- if the decision is not based on 4 zoning.
5 zoning. It isn't. 5 I'm just -- I'm not sure. I mean, you can make
6 COMMISSIONER MESERVE: So we could say -- we 6 a decision. We'll make a decision and then let the
7 could say, in fact, I guess, that you can have your 7 lawyers argue it.
8 D.R.I. if you do all the following things, and also if 8 MAYOR SHAUGHNESSY: Mr. Meserve, let me try to
9 you get a PUD. Because that's the only door we're 9 put this in a framework for you. The zoning decision we
10 leaving open, with the current zoning. 10 made tonight -- I don't even think I'm going to bother.
11 I mean, that's the -- in my view, we can turn 11 Would you try to elucidate on that? You're
12 them down for the D.R.I. if we have legitimate and legal 12 suggesting that we defer because you are wondering about
13 reasons to do that, compelling reasons; or, secondly, we 13 the legality of the things we did tonight. All right.
14 can approve the D.R.I. based on whatever recommendations 14 Let me ask the City Attorney to, once again,
15 we want to stick in there, which would, at a minimum, in 15 explain. We did not -- what happened tonight was that we
16 my view, be the staff recommendations, and that they get 16 recommended a zoning for our city that we thought was
17 -- they go through the process of a P.U.D. 17 appropriate.
18 And is that not the only options we have? And 18 No matter what zoning we had decided upon, I
19 that's a question. 19 think that Alan's ruling had a different point, or his
20 MAYOR SHAUGHNESSY: That's through me to the 20 issue had a different point.
21 City Attorney. 21 Would you like to hear it again?
22 CITY ATTORNEY JENSEN: With that O.R. zoning 22 COMMISSIONER MESERVE: (Nods head affirmatively)
23 classification, that's about it. You can place a 23 MAYOR SHAUGHNESSY: Okay.
24 condition that they apply for and be granted a P.U.D. 24 CITY ATTORNEY JENSEN: I don't know if I can say
25 MAYOR SHAUGHNESSY: Successful application for a 25 it again.
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1 P.U.D.
1 MAYOR SHAUGHNESSY: Well, could I have it read
2 CITY ATTORNEY JENSEN: If you approve the D.R.I.
2 back from the record? We do have a court reporter here.
3 and make that a condition.
3 Recess)
4 COMMISSIONER MITCHELSON: And, under that last
4
5 sentence that I read, any permitting required by other
5 MAYOR SHAUGHNESSY: Okay. I apologize for the
6 entities, and the issue that I have, and have always had,
6 length of the recess. It was a little longer than I
7 is the submerged-land lease.
7 anticipated.
8 And I would assume, for the record, that, if we
8 Whereupon, City Attorney Jensen's remarks were
9 went with that recommendation, that the acquiring of the
9 read back by the court reporter.)
10 submerged-land lease from the State of Florida would be
10 MAYOR SHAUGHNESSY: Would anyone like to hear it
11 one of the conditions they would have to have in hand
11 again? (No response) Okay. At this time, I will ask
12 before they can operate. That's all I have right now.
12 city staff if they have anything further to add or
13 MAYOR SHAUGHNESSY: As I understand, you have
13 anything that they want to say in conclusion? Where is
14 three choices. You can approve the D.R.I., deny the
14 Mr. Worley? Didn't I see him before? Oh, I'm sorry.
15 D.R.I., or you can approve the D.R.I. with conditions.
15 You moved your seat.
16 COMMISSIONER MITCHELSON: Or we can defer the
16 GEORGE WORLEY: I'm available for any questions
17 thing for two more weeks.
17 that the Commission may have.
18 MAYOR SHAUGHNESSY: That is a possibility.
18 MAYOR SHAUGHNESSY: Are there questions on the
19 COMMISSIONER MESERVE: And the only reason why I
19 part of the Commission? (No response) No, there are
20 mention that, Mayor is --
20 not.
21 MAYOR SHAUGHNESSY: That's all right.
21 Excuse me for interrupting, Mr. Harden. At this
22 COMMISSIONER MESERVE: -- and fellow
22 time, is there anything that you would like to say in
23 commissioners, is, I have enough concerns about the legal
23 conclusion, or anything that you would like to add?
24 issues here that, because of all the changes we've made
24 PAUL HARDEN: No, ma'am.
25 tonight, I would be, unlike Mr. Borno in some ways -- and
25 MAYOR SHAUGHNESSY: Okay. Then, at this time, I
121 123
1 concerning legal issues, and as well as our City Manager.
1 will entertain a motion, call for a motion and a second.
2 I've also discussed legal issues with Mr. Lee Utley, and
2 COMMISSIONER BORNO: I would like to make a
3 motion to deny the D.R.I. based on my review of the
3 had several discussions with Mrs. Valerie Britt.
4 application, and the results being that I feel that it
4 I have also discussed the issue with many
5 has been prepared with the least amount of information 5 residents of Fleet Landing that -- of which I am
6 possible. 6 executive director. But it was primarily me giving
7 information to those residents about the process, rather
7 It does not address the environmental impact on
8 the wetlands that border the Intracoastal Waterway. This
8 than those folks taking issue one way or the other.
9 area will have resultant damage caused by the passage of
9 That's my ex parte communications.
10 MAYOR SHAUGHNESSY: Thank you, Commissioner
10 this large vessel four times a day.
11 This damage will result from the squat effect of
11 Meserve. Commissioner Beaver.
12 the vessel in shallow water. The lack of a factual 12 COMMISSIONER BEAVER: Yes. I have had brief
13 result of a review by the U.S. Coast Guard and the other
13 conversations with the following people just regarding
14 questions that were presented at the April 27th, 1998,
14 the issue itself: Miss Ruth Isaacs, Carolyn Woods, Woody
15 D.I.R. (sic) hearing. 15 Winfree, Stephen Kuti, Steve Rosenblum, Patricia Goelz,
16 This is a public safety, health and welfare
16 John Weldon.
17 issue on the use of Johnston Island and on the area -- by
17 I•ve had conversations with Kevin Bodge on the
18 impact study, Steve Sapia on the impact studies as well,
18 the people and the citizens who use the Intracoastal
19 Waterway. It has a direct result on every bit of that.
19 several conversations with Jim Jarboe and Alan Jensen
20 I so move. 20 regarding the zoning issues and the impact, as well with
21 George Worley, two conversations with Buzz Grunthal and
21 MAYOR SHAUGHNESSY: Is there a second for the
22 motion? 22 Don Wilson regarding the decision of the Community
23 Development Board, a brief conversation with Tom Dumas
23 COMMISSIONER MITCHELSON: Second.
24 regarding the proposed meeting, which I declined, and
24 MAYOR SHAUGHNESSY: Moved by Commissioner Borno
25 and seconded by Commissioner Mitchelson. The motion is
25 then several conversations with Fran Beaver, my wife,
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1 now on the floor. 1 regarding the issues. That's all.
2 MAYOR SHAUGHNESSY: Thank you, Mr. Beaver. Mr.
2 Before we proceed, I would need to ask each
3 commissioner, please, to turn in their ex parte -- the
3 Borno.
4 list of their ex parte communications or reveal it on the
4 COMMISSIONER BORNO: I've had conversations,
5 record. Mr. Meserve. 5 very brief, with Stephen Kuti, Carolyn Williams, Don
6 COMMISSIONER MESERVE: I've kept documentation 6 Weldon.
7 through the process, and I am prepared to turn that in, 7 I've listened to a phone call from Mr. Tom
8 with some of the older documents that had been mailed to 8 Dumas, with no discussion. I did discuss the matter with
9 me through the commercial mail. 9 Mr. Don Moore of Fleet Landing, at his request.
10 I had contact with Alan Jensen and George Worley
10 Obviously, we have gathered lots of documents
11 since then that I have not included. But I have had 11 and Jim Jarboe. And no discussion with my wife.
12 verbal communications with Mr. Dwayne Williams, who is 12 (Laughter)
13 the owner of a cruise casino ship, about basic ship 13 MAYOR SHAUGHNESSY: Commissioner Mitchelson.
14 operations. 14 COMMISSIONER MITCHELSON: Pretty much the same
15 litany, Mayor. George Worley, Jim Jarboe and Alan
15 I have discussions with Mr. Tom Dumas, who
16 represents the developer for Johnston Island, concerning
16 Jensen, of City staff; Margaret Ann Hayward, Valerie
17 issues on the island, and particularly construction of 17 Britt, Ruth Isaacs, Carolyn Woods, John Weldon,
18 conversations with Nelson Higginbotham of the D.O.T., Tom
18 the new Atlantic Boulevard bridge.
19 I've had conversations on several occasions with
19 Dumas, Woody Winfree, and Mr. Stephen Kuti.
20 Mr. Ed McDonald, who is one of the property owners across
20 MAYOR SHAUGHNESSY: Okay. Thank you. My list,
21 the river from Johnston Island. 21 I have had -- I've either spoken with or listened to and,
22 at times, advised people on procedure, according to the
22 Mr. John Wilson, about zoning issues, the
23 legality of what types of zoning are -- were applicable
23 following list.
24 to Johnston Island. 24 In addition, I have my correspondence that I
25 Obviously, our City Attorney, on many occasions,25 have received through the mail.
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127
1 Valerie Britt, Margaret Ann Hayward, Ruth 1 decision based on zoning and had that in place and all
2 Isaacs, John Weldon, Jr., Louise Winfree, Woody Winfree, 2 was nice and clear, you could make a motion to deny based
3 Lyman Fletcher, Mary Jenkins, Carolyn Woods, Chris 3 on the fact that they don't meet our land planning.
4 Williams, Tom Dumas, Valerie Picket, Dorothy Kerber, 4 We left a window there that we have discussed
5 Caroline Hickie, Merissa Carbone, Jim Overton, Daniel 5 tonight. Therefore, I think you can't deny it, because
6 Shaughnessy, Don Wolfson, James Jarboe, George Worley, 6 they've still got a process to go through.
7 Alan Jensen.
7 They may not get it, but they still have a
8 I met at the site with the C. B. Universal 8 process to go through. So I don't think we can use that.
9 owners, Mr. Roth and Mr. Wadman, on April 15th, at 3:30 9 And that was the only evidence we got out of staff.
10 p.m. to about 4:15 p.m. All right. That's on the 10 And the staff recommendation before tonight was
11 record.
11 to recommend approval with a bunch of recommendations.
12 Do we need to collect any paperwork that people 12 And that's where I'm going.
13 wish to submit or what? 13 So my recommendation is that we can't deny it,
14 CITY ATTORNEY JENSEN: No. As long as they 14 or my thoughts, and my personal take on this. Thank you.
15 disclosed it.15 MAYOR SHAUGHNESSY: Okay. Is there further
16 MAYOR SHAUGHNESSY: Okay. I have had 16 comment or discussion on the part of the Commission?
17 correspondence from Russell Linenkohl, and also from Jean 17 Commissioner Mitchelson.
18 Maguire. And the other letters that I've gotten have 18 COMMISSIONER MITCHELSON: Yes, Mayor. All
19 been duplicates from Woody Winfree, et cetera. Okay. 19 right. I'm concerned about a couple of things. One is
20 That having been done, is there any further 20 heightened traffic in an already tremendously congested
21 discussion on the part of the Commission? Commissioner 21 area.
22 Meserve. 22 And, although this is only a small drop in the
23 COMMISSIONER MESERVE: My first opinion is, I 23 bucket, as compared to the tonnage that is going across
24 don't think that we can vote to deny it. I think that 24 there right now, I think we're adding to an already
25 there are many conditions that we can put on it.25 dismally failed system.
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128
1 But we -- in Mr. Borno's recommendation to deny,1 I believe it was Joe Posch that had asked the
2 he mentioned things of safety, water safety, and 2 question: What would happen to that area and the access
3 unanswered questions. 3 in the event the proposed bridge was put over, and which
4 A personal opinion based on legality is that you 4 would then land, the downside, the easterly bound lane,
5 can't -- you can't vote to deny something because you 5 would literally land on the access road? And then what
6 don't have enough information.6 would they do?
7 And, if it's a safety issue, first of all, any 7 And I have spoken with Representative Nelson
8 registered vessel has to navigate with safety. And we 8 Higginbotham with the Department of Transportation, and
9 have the U.S. Coast Guard to monitor that, as well as 9 he told me that they had already determined that yes, the
10 inputs from the Saint Johns River Bar Pilots Association,10 north expansion, the northbound -- the north side of that
11 which would monitor the ship running in and out of port 11 bridge would, in fact, eliminate not only the existing
12 and ensure that they had a qualified master to do that. 12 access road and, in fact, the bridge is going to take up
13 So, while I love to talk about squat as much as 13 more dry land than even exists there at the current time.
14 anybody does, the answer is, the ship's got to operate 14 And so just to build the bridge and the added
15 with safety. And I think we can put enough -- so I don't 15 lanes for Atlantic Boulevard itself, they're going to
16 think it's an issue that you can make a decision on. 16 have to fill in a portion of the marsh; and, further,
17 They've got to operate safely or they'll be 17 that they had already accepted the additional needs, once
18 cited, just like any other business or any other 18 they had done that, and cut off the island, that they
19 commercial passenger vessel. 19 would then have to bring in tons of more fill and
20 I think that there's no -- again, this is not a 20 encroach deeper and deeper and deeper into the marsh to
21 popularity contest. It's not a moral issue that we made.21 reestablish the access roads so that the island was still
22 And I don't like the operation. I'll be the first one to
22 accessible.
23 admit it. But that does not weigh -- that's not 23 And I then asked him whether or not that the --
24 evidence, and that does not weigh with me. 24 in fact, they already had some plans, some original
25 I think, if we left it open -- if we had made a
25 drafts. They're not anything in concrete, just original
129 131
1 drafts as to just what that turnaround and everything is 1 deny based on the public safety. And it is my
2 going to look like. 2 interpretation that that is one of the areas that, if I'm
3 I asked him if that -- if their original draft 3 not comfortable with, is one of the areas that gives me
4 incorporated, what would then be Atlantic Beach's needs 4 the ability to deny it.
5 to get -- to possibly be able to get emergency vehicles,5 I don't think the facts are in front of us to
6 fire trucks, in and out of that area, and considering the 6 show us that, having that many vehicles coming out into
7 fact that the roadway is going to be elevated on that 7 that road at that particular time, especially when they
8 side. 8 discuss the time.
9 And he scratched his head and said, "No, we 9 If the ship comes back at three o'clock, that
10 hadn't even considered the fact that you might have to 10 bridge is usually dead-stop. So you're going to have a
11 get something as long as a fire truck on and off that."11 major problem getting that traffic out onto it.
12 And so that's going to require a redrafting and 12 And I also have a big issue with the San Pablo
13 even more encroachment into the marsh. 13 issue. So I, from my perspective, I think we have a
14 The fact that the city staff originally 14 personal safety issue with the traffic. And, based on
15 recommended approval with conditions was based on the 15 that, I would opt for denial.
16 assumption that the property would be a C.G. zoning and, 16 MAYOR SHAUGHNESSY: Thank you, Commissioner
17 instead, the Atlantic Beach Community Development Board 17 Beaver. Commissioner Borno.
18 recommended O.R. zoning, and the C.G. zoning was voted 18 COMMISSIONER BORNO: Well, as by my motion, I
19 down unanimously. 19 don't know whether you're not listening or don't want to
20 And, with that, as George Worley said, the staff 20 listen, whatever. But it is a public safety, health and
21 recommendation was based on an assumption that never 21 welfare issue in the use of the Johnston Island.
22 materialized, and, therefore, the staff recommendation 22 It's related to the environmental part of it.
23 was out the window. 23 Eventually, you're going to chew it up and loosen all
24 So that's what I feel about it. But I do think 24 that solid ground that actually exists there, by parking.
25 that we can go forward tonight. 25 And, if we get a good torrential rainstorm,
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132
1 MAYOR SHAUGHNESSY: Okay. Thank you,
1 we'reoing g to wash part of that into the Intracoastal,
2 Commissioner. Point of order from the City Manager.
2 either side. And it's going to take the pollution with
3 CITY MANAGER JIM JARBOE: Yes. Staff has not
3 it and whatever we've had there.
4 recommended the projects. They recommend conditions --
4 It's also a safety issue for all the people that
5 COMMISSIONER MITCHELSON: If we approve it.
5 transit the Intracoastal Waterway, when this vessel will
6 CITY MANAGER JARBOE: -- if you approve it.
6 have to be making its transit four times a day.
7 COMMISSIONER MITCHELSON: No. I misspoke.
7 It's a safety issue related to the effect it's
8 You're correct. The last paragraph said this was not an
8 going to have, that has not been studied by any of these
9 endorsement of the project, it was just, if we approved,
9 other agencies, of a 125-foot-wide channel with a 50-
10 they we recommend certain conditions.
10 foot-wide vessel, whether you believe about squat or not,
11 MAYOR SHAUGHNESSY: Okay. Thank you,
11 but it's going to turn around, and it's going to
12 Commissioner. Commissioner Beaver.
12 deteriorate, and it's going to create major problems.
13 COMMISSIONER BEAVER: I still have an issue with
13 It's going to affect the ecology as it washes up
14 the public safety. We have not -- even though there are
14 into the wetlands. And I think it's been missed by the
15 conditions in the application that will require them to
15 people that looked at this, because they were not looking
16 submit to us -- the D.O.T. issue that I spoke to earlier,
16 at the effect. They looked at: Well, it looks nice.
17 I think, even with that done, there's still a public
17 I don't think they got into the depth of the
18 safety issue.
18 issue. And, to me, it's safety. Can you get anybody
19 Even if you have an access lane, an acceleration
19 else to transit that canal, and they happen to do it at
20 lane, heading westbound, that is a difficult issue. I
20 different times?
21 have attempted it several times. Even without traffic in
21 Plus, I read them Co you, what I told you about
22 that westbound lane -- I've attempted to get out into
22 the bar pilots' guidance of the restrictions, of the
23 that access, that right-hand lane, and get up to speed,
23 concerns, of what they would do or not do. And they're
24 when there's traffic on there.
24 guidelines. The traffic, all the rest of it. So I am
25 So it would be -- it's my decision tonight to
25 not in favor of it.
133
13511MAYORSHAUGHNESSY: Okay. If there is no
1 We have already initiated the public process. We are
2 further discussion, we will vote. Will you call the
2 going to go ahead and finish the process. And, if
3 role, please, Madam Clerk.
3 there's a problem, we're putting it back on you.
4 CITY CLERK KING: Commissioner Meserve.
4 I need authorization and would like your opinion5COMMISSIONERMESERVE: No.
5 on whether or not we should all sign, or do you want just
6 CITY CLERK KING: Commissioner --
6 for me to sign it? Either one is fine with me.
7 COMMISSIONER MESERVE: And that is -- let's --
7 COMMISSIONER MITCHELSON: I'll move for the8canIgetthemotion?
8 authorization.
9 MAYOR SHAUGHNESSY: I'm sorry. I should restate
9 MAYOR SHAUGHNESSY: Is there a second?
10 the motion. The motion -- excuse me. i
10 COMMISSIONER BORNO: I'll second that.
11 COMMISSIONER MESERVE: The motion is to deny.
11 MAYOR SHAUGHNESSY: Moved by Commissioner
12 MAYOR SHAUGHNESSY: The motion is to deny, made
12 Mitchelson, seconded by Commissioner Borno, that we send
13 by Commissioner Borno, seconded by Commissioner
13 a letter, the text of which was just read into the
14 Mitchelson.
14 record, to the Department of Community Affairs in
15 COMMISSIONER MESERVE: No.
15 Tallahassee, explaining our actions and letting them know
16 CITY CLERK KING: Commissioner Mitchelson.
16 that we wish to enjoin them if there is any problem.
17 COMMISSIONER MITCHELSON: Aye.
17 Is there discussion? Commissioner Meserve.
18 CITY CLERK KING: Commissioner Beaver.
18 COMMISSIONER MESERVE: I don't think we ought to
19 COMMISSIONER BEAVER: Yes.
19 send it. First of all, if you're going to sue somebody,
20 CITY CLERK KING: Commissioner Borno.
20 sue them, but don't give them a heads-up.
21 COMMISSIONER BORNO: Yes.
21 I don't think -- I don't think -- you're saying,22 CITY CLERK KING: Mayor Shaughnessy. 22 after the fact, first of all. We're saying after the
23 MAYOR SHAUGHNESSY: Aye.
23 fact --
24 All right. There is one last item that we have
24 MAYOR SHAUGHNESSY: We aren't suing anybody.
25 with regard to this, and this has to do with the
25 COMMISSIONER MITCHELSON: Can I just make my
134 136
1 Department of Community Affairs. 1 statement? We are doing something after the fact that
2 says: We're going to hold you accountable for something2AletterhasbeennicelywrittenbytheCity
3 Attorney, at my suggestion, and I will read it to you. I
3 you did before.
4 will let you know that the text in both letters is the
4 And it's -- to me, it's kind of meaningless.
5 And I think I would rather -- if we're going to go after5same. One letter I sign, the other letter you all sign
6 with me. Your choice.6 them for some reason, this letter, I don't think, has a
7 But this is the wording of the letter:
7 lot of bearing on the case.
8 Gentlemen: Based upon the opinion provided by the
8 But, again, all you're doing is forewarning
9 them. And I would -- I would much rather be friends with9DepartmentofCommunityAffairsCotheCityofAtlantic
10 the Department of Community Affairs, in case we don't go10Beach, as well as to the Northeast Florida Regional
11 Planning Council, we followed a procedure in regard to
11 after them, than warn them that: We're going to maybe
12 the D.R.I. hearing on the above property and also on the
12 come after you.
13 zoning of property annexed into the City of Atlantic
13 I don't see the value of it. That's my personal
14 Beach, which includes the above property. The
14 opinion.p p y. procedure
15 we initiated, based upon your department's opinion, is a
15 MAYOR SHAUGHNESSY: Well, in answer to your
16 binding public process which we feel compelled to
16 first statement, which is, if you're going to sue
17 complete. 17
somebody, don't give them a heads-up, we aren't suing
18 In the event there is any negative fallout
18 anyone.
19 resulting from our City having followed the procedure
19 This letter is, in the event that someone sues
20 based upon the opinion and advice given to us by your
20 us, it enjoins them. Do you understand that?
21 department, we intend to hold the Department of Community
21 COMMISSIONER MESERVE: Okay. You're saying you
22 think it enjoins them. I don't think it has any legal22Affairsaccountableforanyresultingdamagesor
23 compensation sought by any party.
23 merit at all.
24 You can each look at a co
24 MAYOR SHAUGHNESSY: Well, I have discussed itpyofit. What we are
25 basically saying is: You changed
25 with our City Attorney, and I will turn that over to him,g your rules midstream.
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139
CERTIFICATE
1 and he can answer you.
STATE OF FLORIDA )
2 CITY ATTORNEY JENSEN: I think it's jus[
COUNTY OF DUVAL )
3 preliminary notice to them that, if something comes back
I, Gayle J. Featheringill, CVR-CM-PNSC, certify that4onus, we're going to look to them. And I think you're
I was authorized to and did report the foregoing
5 better off notifying them now than waiting until we get
proceedings and that this transcript is a true and
6 sued six months down the road, or whenever, notifying complete record of my notes taken therein.
7 them then.
DATED this 15th day of May, A.D. 1998.
8 COMMISSIONER MESERVE: Okay. I defer to that.
9 MAYOR SHAUGHNESSY: It's timely notice. Further
10 discussion or comment on the part of the Commission? (No iIIII //11 4,)
GAYLi J. Y,T ERINGILL, /,R-CM-PNSC11response) All right.
12 There being none, we will vote. All those in a4,vs n[nxeitl
ayssa.maw acme
13 favor, please say "Aye." fig Amoy II.IIIN
14 COMMISSIONER MESERVE: Aye.
15 COMMISSIONER MITCHELSON: Aye.
16 COMMISSIONER BORNO: Aye.
17 COMMISSIONER BEAVER: Aye.
18 MAYOR SHAUGHNESSY: Aye.
19 All right. It's unanimous. Which letter? Is
20 there a preference?
21 COMMISSIONER BORNO: I would say it has just as
22 much authority with your signature as it has with all
23 five.
24 MAYOR SHAUGHNESSY: Okay.
25 COMMISSIONER BEAVER: I will concur with that.
138
1 MAYOR SHAUGHNESSY: All right. Done. The next
2 item on the agenda....
3 Whereupon, at 11:00 p.m., the Public Hearing
4 was concluded.)
ATTACHMENT A
MAY 11, 1998 COMMISSION MEETING
v M,
i.: , CITY OF
rftieuttie Fea % - 9wuda
800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904)247-5800
4
FAX(904)247-5805
SUNCOM 852-5800
MEMORANDUM
Date: May 6, 1998
To:Jim Jarboe, City Manager
From: Nelson Van Liere,Finance Director
Subject: Mid Year Budget Modifications Resolution No. 98-20
Attached is the Mid Year budget modification which includes adjustments to various City accounts for
the 1997-1998 Annual Budget along with a brief description. These adjustments are the result of an
analysis of all funds done as of the mid point in the year. Adjusting these budgets to better reflect the
actual results of operations now will aid us in projecting cash flows for the upcoming budget process.
Also attached are two staff memos which highlight the adjustment in the General Fund for the Building
Department and for the Fire Department.
Please let me know if there is any other information you need regarding these adjustments.
RESOLUTION NO. 98 - 20
A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH,FLORIDA,FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998
WHEREAS,the City Charter of the City of Atlantic Beach requires that the City Commission
approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day to day decisions affecting such
budgetary systems require adjustments from time to time.
NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Atlantic
Beach,that the following Budget Modification be approved for the 1997-1998 Operating Budget.
GENERAL FUND
Revenues:
Donations- Selva Marina share-cost beautification project funds collected 2,047
Sale of Surplus Property-Fire Truck 25,000
The Public Safety Department has sold a fire pumper for$22,000 plus a
vehicle worth $3,000,this modification includes creating a budget for
this transaction.
Expenditures:
Non-Departmental
Transfer to Tree Protection Fund-establish a budget 11,205
Transfer to Pension Fund- create a budget for pension attorney 17,000
Transfer of$17,000 to the Pension Fund to cover estimated services of
the pension attorney were not originally budgeted. These funds are
being utilized to rewrite the Pension Plan to comply with State and
Federal laws
Building Department
Operating Expenses-code inspections and related expenses high volume 10,000
Higher than expected number of building inspections performed by an
outside contractor and other related operating expenditures have
depleted the budget year to date. Funds are needed to continue this level
of service to the end of the year in the amount of$10,000. See attached
Memo.
Public Works Department
Beautification
Capital Outlay-budget donated funds for Selva Marina 2,047
Citizen donations of$2,047 have been collected to help fund the Selva
Marina beautification project. This amount is reflected in both revenues
and in the expenses of the Beautification Division of Public Works.
Fire Department
Personal Services- special pays and overtime J` 55,000
Motor Vehicles-Record expense of purchased vehicle in fire truck trade 3,000
The special pays for the Fire Control Division need to be adjusted for the
holiday payout which was not budgeted for of about$20,000. An
administrative change in the way holidays are paid meant that all of the
holidays for last year were paid in lump sum this year pursuant to the old
policy and the current year's holidays are being paid as they occur which
is the new policy. This effectively means that twice the number of
holidays are being paid for this budget year. Next year,the holiday pay
will be caught up and the budget will be for the normal number of
holidays. See attached Memo.
The overtime budget for Fire Control Division needs to be revised based
on current usage to be sufficient to last the rest of the year by adding
35,000. The current contract makes it difficult to administer the
overtime budget. See attached Memo.
The Motor Vehicle expense budget of$3,000 is to account for the
vehicle received in the trade for the fire pumper.
CONVENTION DEVELOPMENT TAX FUND
Revenues:
Interest Earnings-revised projection 5,000
LOCAL OPTION GAS TAX
Revenues:
Interest Earnings- revised projection 30,000
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
Revenues:
Grant Proceeds-adjusted to final approved contract 45,127>
Expenditures:
Personal Services-adjust to approved contract 5,750>
Operating Expenses-adjust to approved contract 8,688
Capital -adjust to approved contract 136,652>
Aid to Others-adjust to approved contract 69,926
DEBT SERVICE FUND
Revenues:
Interest Earnings-revised projection 1,500
CAPITAL IMPROVEMENT FUND
Revenues:
Grant Proceeds-Florida Communities Trust Grant pass through entry 283,913
Interest Earnings-revised projection 15,000
Expenditures:
Recreation
Land-Dutton Island-post closing costs for City portion of title and survey 6,344
Land-Grant funded portion, (Florida Community Trust) 283,913
To create a budget for interest earnings of$15,000.
Adjust the land budget for the"Post-Closing"costs for the Atlantic
Beach portion of the survey and title insurance for the final costs
associated with the purchase of Dutton Island of$6,344.
Create a budget for the Florida Communities Trust Grant which
contributed$283,913 directly to the purchase of Dutton Island on the
City's behalf and to record the cost of the land paid for directly with
grant proceeds to enable the City to capture the total purchase cost as an
asset on the City's records
EARTH FEST TRUST FUND
Revenues:
Donations: segregated account for special event 600
Expenditures:
Operating Expenses-expenses of Earth Fest 600
To create a revenue and expense budget for the approved account to
facilitate the expenditures related to this special event of$600.
TREE REPLACEMENT FUND
Revenues:
Transfer from General Fund-to segregate funds collected to date 11,205
Contributions and Donations from private sources 5,000
Expenditures:
Operating Expenses-purchase and installation of trees 16,205
To create a budget to track funds collected and spent on tree replacement
generated by(Ord.No. 95-95-64),which specifies the establishment of a
tree fund. This modification moves the funds previously collected of
11,205 and estimates a small amount of collections for the remainder of
the year of$5,000. Together,these funds would provide$16,205
available for the planting of trees.
LOCAL LAW ENFORCEMENT BLOCK GRANT FUND
Revenues:
Grant Proceeds-Federal Funds 10,000
Transfer from the Law Enforcement Trust Fund 10,000
Expenditures:
Capital Outlay-Information Management Enhancements 20,000
To establish a budget for the$10,000 federal grant awarded the Police
Department and approved on March 20, 1998 for the purchase of new
reporting software. Total estimate for the project is$20,000 with the
difference to be funded from a match of$10,000 transferred from the
Law Enforcement Trust Fund-contraband forfeiture seizures monies.
LAW ENFORCEMENT TRUST FUND
Revenues:
Fines and Forfeitures
Confiscations-funds already collected 15,000
Interest Earnings-revised projection 1,500
Expenditures:
Transfer to Local Law Enforcement Block Grant Fund- grant match 10,000
To revise the budget for funds already collected from fines and
forfeitures of$15,000 and to revise the estimate for interest earnings by
adding$1,500.
To transfer funds to the Local Law Enforcement Block Grant Fund to
provide a match to have enough funds for the Information Management
Enhancements of estimated$20,000.
Excess funds will remain the trust until appropriated for law
enforcement expenditures.
WATERFRONTS FLORIDA PARTNERSHIP GRANT FUND
Revenues:
Grant Proceeds-Waterfronts Florida Partnership-funds received for Mayport project. $10,000
Expenditures:
Operating Expenses-rehabilitation of building 10,000
Waterfront Florida Partnership Grant Fund is created to allow the
spending of a$10,000 grant received by the 1,000 Friends of Florida,
Inc.,the subgrant recipient which has then been subcontracted to The
Mayport Waterfront Partnership/City of Atlantic Beach to perform the
obligations of the grant. This project is to refurbish a building for a
meeting place for the Mayport Waterfront Partnership and to provide an
information center.
STORMWATER UTILITY FUND
Revenues:
Stormwater Fees -revised projection based on year to date collections 5,000
Interest Earnings-revised projection 5,000
WATER AND SEWER BOND CONSTRUCTION
Revenues:
Interest Earnings-revised projection 100,000
Expenses:
Capital Outlay-revised budget for funds carried forward from previous year 170,693
Interest earnings estimates need to be adjusted by adding$100,000 due
to the higher than anticipated cash balances caused by the spending of
the funds progressing slower than projected.
The funds available for capital expenditures need to be adjusted by
adding$170,693. Projects with any un-appropriated funds are being
moved to the contingent reserve for reallocation. Project budgets are
different in that they cross years. This then requires periodic updates to
projected available funds as those funds continue to be spent and
continue to earn interest. The Capital Project monthly update includes a
listing of the status of the remaining funds. This report will include the
added funds.
FLEET MAINTENANCE
Revenues:
Charges for Services-non-contract work 40,000
Expenditures:
Operating Expenses -expenses related to"non-contract"work 40,000
To create a budget for a cost estimate for$40,000 of"non-contract"
work to be done by Ryder Managed Logistics Systems per authorization
of contract manager. These repairs are of a unique nature and are
covered in the maintenance contract as pass through expenses charged to
the departments. An example would be if Ryder subcontracted a vehicle
to a body shop for accident repairs,the body shop would bill Ryder and
Ryder would then bill us as a pass through at cost. This allows the City
to capture the true cost of maintaining the fleet all in one place. The
contract"work is routine maintenance of the fleet. The contract
amount is $169,686.
PENSION FUND
Revenues:
Transfer from General Fund-General fund is to pay for administration of pension 17,000
Expenditures:
Operating Expenses-addition of estimated pension attorney expenses to the budget $17,000
The transfer of$17,000 to the Pension Fund from the General Fund is to
cover the estimated services of the pension attorney not originally
budgeted for rewriting the Pension Plan to comply with State and
Federal laws.
Adopted by the City Commission this
11th day of May, 1998.
Approved as to form and correctness:
Alan C.Jensen,Esquire
City Attorney
ATTEST:
Suzanne Shaughnessy
Mayor/Presiding Officer
Maureen King,CMC
City Clerk
l ,
v.
CITY OF
e?cc &ead - 96vrid4
800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904)247-5800
oft ;.,. FAX(904)247-5805
q14,SUNCOM 852-5800
MEMORANDUM
May 6, 1998
To:Jim Jarboe, City Manager 4A.-
From: Don C. Ford Y/
Re: Budget Adjustment
I am requesting a budget adjustment to account number 001-1008-524-3100 for
10,000 to allow additional funding for a contract inspector for the rest of the fiscal
year. We have incurred unforseen cost due to the Beach Avenue sewer and water
project. We have estimated impact fees, permitted and inspected all new connections
within this project.
We will be spending more time on this project through the rest of the year.
There are an estimated 180 houses still on septic tank and 153 houses still on water
wells.
In addition the department is performing over 2600 building, electrical, plumbing,
mechanical, gas, and business license inspections per year. We are reviewing an
average of 210 sets of plans per year. We inspect all city buildings yearly for
maintenance lists to department heads.
There are two large projects expected to be permitted soon. One is a 4 million
motel on Mayport Road and the other is a total face lift of the Atlantic Village Shopping
Center. These projects will show a projected increase of approximately 25% over last
years total permitted property valuation.
DCF/pah
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Fire Department Mid-Year Budget Adjustments
SUBMITTED BY: David E. Thompson, irl5ectorfisSafety
John Ruley, Fire Chief
DATE: May 5, 1998
BACKGROUND: The Fire Department has several funds that are over-budget for
1997-98. Each one is noted and explained below:
Overtime: The Administration has very limited control over the use of overtime in the Fire
Department. This is largely a result of the compensatory time that is accumulated
each pay period which is established by the bargaining contract, and the lack of
regulatory authority over this time as per the Fair Labor Standards Act. This
combination of factors allows a firefighter to accumulate nine (9) hours of comp
time every pay period for a total of eighteen(18) hours per 28 days, and the
firefighter has the right to take this time off at his discretion with very little
regulation. The City is prohibited from denying the time off due to overtime. This
allows firefighters to take time off so that other firefighters can benefit from the
overtime that is created from the time off If we maintain our existing minimum
staffing levels, then we must authorize overtime for all of these leaves of absence.
The result is an increase in overtime.
Since the overtime budget already exceeds the budgeted amount, and we anticipate
that there will be continuing overtime during the fiscal year, the Fire Department
estimates that an additional $35,000 will be necessary to cover the expenses.
Holidays: In the past, the firefighters have been allowed to accumulate holiday pay until
December each year. The entire amount has been paid in December covering the
holidays for the entire previous calendar year. This practice has allowed
firefighters to earn the holiday pay based on their most current, December pay
level rather than utilizing their pay scales at the time the hours were earned. This
practice has increased their compensation for their holiday hours.
This year, an administrative change has resulted in the payment of the holiday pay
during the pay period that it was earned. In other words, they receive their holiday
pay with their biweekly pay check. This has had an impact on the budget. In
December 1997, the City paid for holidays that had been earned from December
15, 1996 through December 15, 1997. This amounted to more than $22,000 at
that time. For 1997-98, the City has been paying for the holidays as they occur
during the fiscal year. This combination has increased the amount of holiday pay
for the 1997-98 fiscal year, but its long term effect will be to pay the firefighters on
a timely basis consistent with the bargaining contract, and it will ultimately reduce
holiday costs in the future. Due to the overlap in holiday pay earned before this
fiscal year, and the holiday pay earned during this year, the result has been an
increase in the 1997-98 budget of approximately $20,000.
Total Adjustment Request
Although there are occasionally minor adjustments that can be made in the budget
to cover unanticipated expenses, this amount exceeds that capability. This
combination of overtime and holiday expenses amounts to approximately $55,000.